beta
(영문) 부산지방법원 2015.11.12 2015가단14057

약정금

Text

1. The Defendant’s KRW 51,357,91 as well as the Plaintiff’s KRW 20% per annum from January 22, 2015 to September 30, 2015, and October 1, 2015.

Reasons

1. Facts of recognition;

A. (1) On July 7, 2012, C filed a lawsuit claiming a divorce, etc. (hereinafter “instant divorce lawsuit”) against the Defendant on July 7, 2012.

(2) The Defendant decided to delegate the instant divorce lawsuit to the Plaintiff, and concluded the instant delegation contract with the Plaintiff around August 2012 (hereinafter “instant delegation contract”).

The delegation contract of this case contains the following contents related to performance remuneration.

Article 7 (Remuneration for Performance)

(a) When the delegated affairs of contingent remuneration have succeeded to a judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:

(2) An amount equivalent to 3% of the value of economic benefits acquired by winning a prize (excluding value-added tax).

B. Upon the lapse of the instant divorce lawsuit, C alleged that the Defendant habitually assaulted himself within the period of marriage with his wife and her marital act with D, etc. during the marriage period, and sought a solatium amounting to 300 million won. In addition, C claimed a solatium amounting to 70% of its contribution to the property formed during the marriage period, and sought a transfer of 2/3 shares among each real estate listed in the attached Table 3 list in the name of the Defendant in the division of property.

(2) On August 6, 2012, the Plaintiff submitted a letter of delegation of a lawsuit and conducted legal representation against the Defendant through the Plaintiff’s attorney-at-law affiliated with the Plaintiff. The attorney-at-law submitted a reply and a preparatory document against the grounds for divorce and the claims regarding division of property, and submitted a written request for property inquiry and a written request for financial transaction information. On August 11, 2012, the Defendant was detained in the Busan detention center due to the suspicion of killing his/her father’s father’s father’s father’s father’s wife’s death, and then he/she performed delegated affairs, such as preparing for documents or arguments.

(3) The instant divorce lawsuit is at least two conciliation dates and five.