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(영문) 서울중앙지방법원 2018.09.14 2018나13324

약정금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an attorney-at-law, and the Defendant concluded a delegation contract with the Korea Electric Power Corporation on the lawsuit for claiming return of unjust enrichment equivalent to the past and future rent (hereinafter “instant delegation contract”) against the Defendant, around May 2010, when the Korea Electric Power Corporation unfairly occupied by the Korea Electric Power Corporation due to the installation of power transmission lines and the construction of steel tower (hereinafter “instant land”). The Plaintiff is the owner of the pertinent land, 1,233 square meters and D 1,486 square meters (hereinafter “instant land”).

B. The main contents of the delegation contract of this case concerning contingent remuneration are as follows.

Article 3 [Supplementary Remuneration] (1) "A (the defendant, hereinafter the same shall apply)" shall, when the delegated affairs of "B (including the plaintiff, hereinafter the same shall apply) are fully or partially successful, pay 30% (including interest) of the economic profits (including interest) as successful remuneration, and settle with "B" in a way that deducts the costs of litigation.

Article 5 [Matters of Special Agreement]

4. “B” shall also include the economic benefits of Article III, paragraph 1, in the event that the parties have reached an agreement, such as a judgment or coordination ordering the future performance due to the success of delegated affairs and the creation of future superficies.

C. On August 10, 2010, the Plaintiff filed a claim suit against the Korea Electric Power Corporation (2010 Gohap82283) on behalf of the Defendant, etc. against the Defendant, etc. for restitution of unjust enrichment. On January 31, 2012, the said court paid the Defendant, who was one of the plaintiffs of the instant case, a total of KRW 8,244,845, a sum of the past rents, until February 29, 2012, and KRW 11,206, and KRW 43,845, monthly for the said land from October 1, 201 to February 29, 201.