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(영문) 서울중앙지방법원 2015.05.01 2014가합512966

부당이득금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 162,00,000 to the Plaintiff (Counterclaim Defendant) and its related amount from January 11, 2010 to May 1, 2015.

Reasons

Basic Facts

The plaintiff is a law firm with the purpose of conducting affairs belonging to the lawyer's duties, and the defendant is a company with the purpose of safety diagnosis and inspection of civil engineering and construction facilities by specialized safety diagnosis agencies.

The Plaintiff, via the attorney-at-law, entered into an agreement on delegation of each lawsuit (hereinafter collectively referred to as the “each of the instant apartment units”) with the council of occupants’ representatives (hereinafter referred to as the “council of occupants’ representatives”) of eight apartment units including the council of occupants’ representatives of D Apartments, who are attorneys-at-law, and the Defendant participated in each of the instant agreements on delegation of lawsuit as a technical advisory members in litigation.

The main contents of each of the above agreements in relation to the instant case are as follows:

- In the case of this case, Article 1 (Conferment of Authority) A of the Civil Procedure Act (hereinafter “A”) refers to each of the apartment units of this case, the council of occupants’ representatives, the Plaintiff “B”, and the “A” refer to the Defendant, respectively.

shall delegate the authority stated in a separate letter of delegation of a lawsuit to the above agency in order to handle the above agency affairs.

Article 3 (Costs of Litigation) A shall pay the stamp fees, service fees, court appraisal fees, etc. necessary for the handling of delegated affairs to B and then deduct the actual expenses thereafter.

Article 4 (Provision of Materials) (3) B shall obtain technical questions of enlisted Personnel to prepare the above lawsuit, conduct the lawsuit, and seek advice and cooperation from time to time, if necessary.

(4) Soldiers shall faithfully comply with the request for technical advice from Eul.

(5) B and C shall actively comply with A's request for legal advice and technical advice.

Article 5 (Assistance Fees) (1) A shall pay to B the amount of the judgment or the amount of mediation as contingent fees after the final judgment is sentenced or adjusted:

The rate of winning or adjusting the amount of winning or adjusting the amount: The ratio of winning or adjusting the amount shall be attached.