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(영문) 서울중앙지방법원 2019.10.30 2019나20459

성공보수금

Text

1. From May 25, 2018 to October 30, 2019, the judgment of the court of first instance against the Plaintiff regarding KRW 987,240 and the Plaintiff regarding this.

Reasons

1. Basic facts

A. On September 27, 2011, a law firm C (Attorney in charge and D) and the Defendant concluded the instant delegation agreement with the content as the attached Form.

(A) “A” and “B” refer to the Defendant, and “B” refer to the law firm A; hereinafter “instant delegation agreement”). (b)

Pursuant to the delegation contract of this case, C filed a lawsuit against E Co., Ltd. (hereinafter “E”) claiming the return of sale price on behalf of the buyers, including the Defendant, (hereinafter “E”) and performed the lawsuit.

On February 1, 2013, the above court rendered a judgment that "E shall pay 39,784,800 won to the defendant (the amount equivalent to 12% of the purchase price) and 5% per annum from December 22, 2012 to February 1, 2013, and 20% per annum from the next day to the day of full payment."

C. In the appellate court of the previous lawsuit, some buyers, including the Defendant, appointed G attorney as the attorney, and the law firm C performed the lawsuit on behalf of the remaining buyers.

On July 10, 2014, the appellate court sentenced the Defendant to “E shall pay 16,577,000 won (the amount equivalent to 5% of the purchase price) and 5% per annum from March 21, 2014 to July 10, 2014, and 20% per annum from the next day to the day of full payment.”

On May 28, 2015, the above judgment became final and conclusive by the Supreme Court's dismissal of appeal.

On June 2013, C transferred to the Plaintiff the right to notify the assignment of claims for the contingent fee of the previous lawsuit against the Defendant, and delegated it to the Plaintiff.

On August 17, 2018, the Defendant received the legal brief dated August 16, 2018, stating that the Plaintiff notified the assignment of claims with the authority delegated by law firm C.

[Ground of recognition] Clear facts, Gap evidence 1 through 6, the purport of the whole pleadings

2. Determination as to the main defense of this safety.