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(영문) 서울중앙지방법원 2018.11.06 2018나15849

용역비

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an attorney-at-law operating “Law Office I”.

B. On October 15, 2014, the Plaintiff entered into a delegation contract with the Defendant on divorce, consolation money, and property division claim case with C, his/her legal spouse, and on the case of application for provisional attachment attached thereto (hereinafter “instant delegation contract”).

According to the delegation contract of this case, the Defendant agreed to pay the Plaintiff the amount of KRW 10,00,000 (excluding value-added tax) and the contingent remuneration equivalent to 10% of the profit accrued from litigation, mediation, recommendation for settlement, agreement, etc. (excluding value-added tax). The Defendant paid KRW 10,000,000 to the Plaintiff in accordance with the delegation contract of this case.

C. On October 22, 2014, the Plaintiff filed an application for provisional attachment against real estate owned by C with Seoul Family Court 2014 businesshap3073, the amount of which is KRW 1,280,000,000,000, as the Defendant’s legal representative, and received a provisional attachment order on November 11, 2014 from the above court. On December 10, 2014, the Plaintiff filed a lawsuit against C and H seeking divorce, consolation money, property division, etc. (hereinafter “instant lawsuit”).

On May 31, 2016, the instant lawsuit was concluded upon confirmation of the decision to recommend reconciliation (hereinafter “decision to recommend reconciliation of this case”) with the following contents.

1. The defendant and C shall be divorced.

2. C, as a result of division of property, shall implement the registration procedure for ownership transfer on the ground of the fixed date of division of property with respect to the Defendant with respect to the establishment of the five-story accommodation located in Guro-gu Seoul Metropolitan Government J 192 square meters, the Guro-gu Seoul Metropolitan Government K 36 square meters, and the five-story accommodation located in Guro-gu Seoul Metropolitan Government J (hereinafter

3. The defendant's obligation to refund the deposit amounting to 200,000,000 won to C's D with respect to the real estate of this case and the collateral security amounting to 750,000,000 won to Seoul Livestock Industry Cooperatives (Maak Branch) respectively.