보수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 7, 2019, the Plaintiff, as an attorney-at-law, entered into a contract for delegation of a lawsuit with the Defendant in relation to the case of divorce, etc. between the Defendant and the Gwangju Family Court, and agreed to receive KRW 5,500,000 from the Defendant for advance payment (contract payment) and to receive performance payment equivalent to 5% of the economic benefits the Defendant gains through the said lawsuit.
Then, on March 21, 2019, the Plaintiff performed the delegated business of litigation concerning the above divorce case, etc., and the above divorce case was concluded as mediation. As a result of mediation, the Defendant had a financial profit equivalent to KRW 1,004,000,00,000, the Defendant should pay the Plaintiff KRW 50,020,000 corresponding to the above economic profit amount. The Defendant promised to pay KRW 5,000,000 to the Plaintiff by April 2019.
Therefore, the defendant is obligated to pay to the plaintiff 45,020,000 won with 6% per annum from May 1, 2019 to the delivery date of the original copy of the instant payment order, and 12% per annum from the next day to the full payment date.
2. At the time of the delegation contract of this case, the Plaintiff and the Defendant agreed to pay 5% of the economic profit as a performance fee only with the evidence Nos. 1 through 8 alone.
However, it is difficult to recognize that the Defendant agreed to pay 45,020,000 won to the Plaintiff by the end of April 2019 at the time of paying KRW 5,00,000 to the Plaintiff around April 2019, and there is no other evidence to acknowledge otherwise, the Plaintiff’s above assertion is rejected.
3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.