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(영문) 서울동부지방법원 2016.10.25 2015가합105283

약정금

Text

1. The Defendant’s KRW 10,770,200 for the Plaintiff and 5% per annum from October 22, 2014 to October 25, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an attorney-at-law operating the “Law Office C”, and the Defendant is a cooperative established under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of promoting a housing reconstruction project of the area of 102,200 square meters in Seo-gu Daejeon

(b) Edics Association (hereinafter referred to as Edics Association, hereinafter referred to as the “Edics Association”) did not apply for parcelling-out within the period of application for parcelling-out, possessing the real estate listed in attached Forms 1

C. Ec. Ec. Ec. An Association acquired from F the real estate listed in paragraph 5 of the annex located in the site for the said reconstruction project from G, and from G, the real estate listed in the annex 6 and 7 located in the site for the said reconstruction project, which had already been acquired by F and G by filing an application for parcelling-out within the application period for parcelling-out.

The defendant asserted that Eccom Association is a person subject to cash settlement, and filed a lawsuit against Eccom Association to file a claim for ownership transfer registration, etc. (hereinafter the lawsuit in this case) with the Daejeon District Court 2013Kahap694 on each real estate stated in the attached Form.

E. On November 27, 2012, the Defendant entered into a delegation contract with the Plaintiff, an attorney-at-law, for a lawsuit claiming registration of ownership transfer, etc. (hereinafter “instant contract”), and determined the payment of contingent fees when the delegated affairs are successful.

Article 3(Expenses)The stamp fees, service charges, expenses for record keeping, verification and appraisal, witness daily allowance, travel expenses, guarantee deposit, execution expenses and other costs of lawsuit necessary for the handling of delegated affairs shall be paid in preference to the payment of loans to the contractor.

When the delegated duties referred to in Article 5 are successful, the successful remuneration shall be paid within seven days after the loan from the contractor, according to the following classification:

1. Based on the plaintiff's alleged amount of KRW 4,395,956,261, and the defendant's alleged amount of KRW 8,615,00,000, if the economic profit value by an agreement with the defendant E-Korean Association is less than 2 billion, it shall be 5% of the claimed amount, and if above, it shall be more than 5% of the claimed amount.