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(영문) 서울중앙지방법원 2016.05.04 2015나69036

수임료

Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

Reasons

1. Facts of recognition;

A. On September 11, 2013, the Plaintiff, as a law firm, concluded the instant delegation agreement with the Defendants (hereinafter “instant delegation agreement”) with regard to the civil litigation case filed against Defendant A, B, and F, Defendant A, B, E, and F, the retainer amount for which the Defendants filed a complaint against E, F, and E, and the Plaintiff entered into the instant delegation agreement with the terms of accepting the said case from the Defendants.

B. The instant delegation contract stipulates that the Defendants shall pay the Plaintiff the retainer fee upon the formation of the delegation contract, but the Defendants agreed to pay the retainer fee later due to lack of financial resources.

C. According to the instant delegation contract, the Plaintiff filed a complaint with Defendant A and B, who was the complainant, and the E and F filed a complaint with an investigative agency on the charge of fraud, and the Defendant A and B filed a complaint with respect to the case suspected of fraud in Switzerland District Prosecutors’ Office 2013 type No. 6841, which was accused by the Defendant A and B, as

However, with respect to civil litigation cases, the Defendants did not submit relevant documents necessary for the lawsuit and did not pay stamp amount to the court, and the Plaintiff did not receive the complaint.

On July 10, 2014, E and F who filed a complaint by the Plaintiff as a complainant agent was subject to a disposition of non-prosecution on July 10, 201, and the Defendant A and B filed a complaint, but the complaint was dismissed on September 11, 2014.

The case on which the defendant A and B filed a complaint was also closed as a non-prosecution disposition.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3 and Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition, unless there are special circumstances, the Defendants are jointly and severally liable to pay KRW 22 million as claimed by the Plaintiff out of the retainers stipulated in the delegation agreement of this case.

The plaintiff does not request reduction until the filing of a civil case. Therefore, the plaintiff claims reduction in consideration of this.