약정금
1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.
1. Basic facts
A. On August 26, 2015, the Plaintiff and the Defendant concluded a delegation contract (hereinafter “instant delegation contract”) with the Ulsan District Court 2015Dhap1199 divorce, etc. (hereinafter “instant divorce principal lawsuit”) against the Defendant, and the main contents thereof are as follows.
Article 6 (Advanced Remuneration) (1) A (hereinafter “Defendant” in this case) shall pay gold million won (value-added tax) as a starting remuneration, simultaneously with the formation of a delegation contract with B (hereinafter “Plaintiff”).
Article 7 (Voluntary Remuneration)
(a) When the delegated affairs of contingent remuneration have won success in judgment, judicial or judicial reconciliation (including recommendation of reconciliation), mediation (including decision in lieu of mediation), etc., the contingent remuneration (including value-added tax) shall be paid in accordance with the following classification:
(2) Partial winning: An amount equivalent to 7% of the value of economic benefits acquired by winning a prize.
B. On September 1, 2015, the Plaintiff submitted a letter of delegation of a lawsuit pursuant to the instant delegation agreement, and on behalf of the Defendant, filed a lawsuit claiming divorce, etc. (hereinafter “instant counterclaim for divorce”). On September 8, 2015, the Ulsan District Court 2015Dhap1243 against C as a counterclaim for divorce, etc. (hereinafter “instant counterclaim for divorce”).
C. C sought “a divorce claim and solatium amounting to KRW 50 million and KRW 300 million” in the original complaint, but around December 17, 2015, C sought “a divorce claim and solatium amounting to KRW 50 million and KRW 451,728,463,” and revised the purport of the claim and the cause of the claim, and subsequently, amended the purport of the claim and the cause of the claim to “payment of KRW 50,000 and KRW 461,710,770,000,000 and KRW 461,770,000.”
On June 7, 2016, the principal lawsuit and counterclaim of the instant divorce were concluded with the following content.
1. C and the defendant shall be divorced.
2. C and the Defendant agree on the division of property as follows.
The defendant is D Apartment at the time of mass production of real estate listed in the attached Table by July 31, 2016 to C.