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(영문) 서울남부지방법원 2015.10.21 2015가단222207

약정금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 20,959,915 to the Plaintiff (Counterclaim Defendant) and its amount from April 24, 2015 to October 21, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On December 28, 2012, the Plaintiff entered into the instant delegation agreement (hereinafter “instant agreement”) with the Defendant regarding a lawsuit claiming purchase and sale of shares against C, and the main contents thereof are as follows.

【Matters of special agreement】

1. 【Special Agreement on Collection and Acquisition of Costs of Lawsuit against the Other Party’s In the event that the other party decides to bear the costs of lawsuit by means of a judgment, conciliation, etc., Party A (referring to the Plaintiff) shall delegate the procedure of filing an application for determination of costs of lawsuit to Party B (referring to the Plaintiff) and agree so that Party B may obtain the total amount of the cost of lawsuit paid by the other party, separate from the performance remuneration, and shall sign and seal the following approval column.

2. The details of the attached detailed acceptance of cases shall be included in the agreement;

(2) The costs of recognition, service, and other necessary costs arising from the proceeding of the trial shall be borne by the client.

(3) In the case of success in the business of a trial, etc., 30% of the judgment amount to be paid to the other party shall be paid to the other party.

(4) Each retainer fee of the first instance court, the appellate court, and the final appeal shall be KRW 3,300,000,000, which shall be paid in the event that the final success of the judgment is paid by the other party.

B. On December 27, 2012, prior to the conclusion of the instant contract, the Defendant paid KRW 1,000,000 to the Plaintiff at the expense of the stamp, service charge, etc. of the lawsuit filed against the said Plaintiff.

C. On January 7, 2013, the Plaintiff, as the Defendant’s legal representative, filed a lawsuit against C with the Seoul Central District Court 2013Kadan3260, and filed the lawsuit. On February 12, 2014, “C shall pay the Defendant 9,736,000 won per annum from September 1, 2008 to February 12, 2014, and 20% per annum from the next day to the date of full payment.