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(영문) 서울중앙지방법원 2016.04.07 2015나49315

약정금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. On February 24, 2014, the Plaintiff and D entered into the instant delegation agreement with the Defendant with four mandators, including E and F (hereinafter “instant delegation agreement”).

Article 1 (Delegation Contents) : Plaintiff, D, E, F Other Party: G (H), scope of I Delegation, summary of the instant case: ① Settlement of the instant case, 1 case of criminal complaint under the command of the first instance court, and 2 (Contract Deposit)

(a) The delegating shall pay 24 million won (excluding value-added tax) to the Defendant (payment date: immediately; immediately, the Plaintiff and E shall each be KRW 6 million);

Article 3(Special Agreement) - Criminal Complaint - If a charge is found, 10% of the amount received in the civil case of KRW 20 million

B. The Plaintiff and D transferred each of the KRW 6 million to the Defendant’s account on February 25, 2014 according to the instant delegation agreement.

thereafter, the same year

2. From the horse to the horse

3. By the beginning, E and I visited the Defendant’s office and affixed each signature, seal, or stamped on the “instant delegation contract” and remitted each of 6 million won to the Defendant’s account.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The gist of the plaintiff's assertion was that the defendant did not properly perform delegated duties, such as failing to file a complaint or lawsuit, even eight months after the conclusion of the delegation contract of this case.

On October 2014, the Plaintiff demanded the return of down payment to the Defendant by expressing his/her intent to terminate the instant delegation contract on the ground thereof, but the Defendant refused to comply therewith.

The plaintiff, once again, terminates the delegation contract of this case by serving a duplicate of the complaint of this case, and claims the defendant to return the down payment of KRW 6 million.

3. Determination

(a)a relevant delegation agreement may be terminated at any time by either Party, as well as by default on obligations of the other Party, and even if there is no such cause;

(Article 689, Paragraph 1 of the Civil Code). However, in principle, one of the parties to the contract.