beta
(영문) 서울중앙지방법원 2015.12.04 2015가합14353

양수금

Text

1. The Defendant’s KRW 140,000,000 as well as 5% per annum from March 5, 2013 to December 4, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On December 28, 2012, the Defendant was detained on the charge of fraud on the attached criminal facts (the amount of KRW 645 million for the victim C and KRW 335 million for the victim D) and occupational embezzlement (the sum of the embezzled amount of KRW 35 million) on the attached criminal facts.

(hereinafter “instant criminal case”). (b)

Around February 19, 2013, E entered into a delegation contract with the Defendant for the instant criminal case, and agreed to receive KRW 50 million as the advance payment at the time of granting a release on bail, “30 million won at the time of release on bail until February 28, 2013, KRW 150 million at the time of release on bail until March 14, 2013, and KRW 100 million at the time of a suspended sentence.”

hereinafter referred to as "the delegation contract of this case"

(C) The Plaintiff, a member attorney of the law firm E, was present on behalf of the Defendant as the defense counsel of the instant criminal case. On March 4, 2013, the Defendant received a ruling of permission for release on bail and was released around that time. On May 2, 2013, the Defendant was sentenced to a suspended sentence on the grounds that the Defendant was sentenced to a suspended sentence on May 2, 2013 (attached criminal facts), for three years of suspended sentence in August, 200, for three years of suspended sentence, for three years of suspended sentence in one year of imprisonment for remainder of fraud and occupational embezzlement against C, and for three years of suspended sentence in one year of suspended sentence, for three years of suspended sentence in September, 2014). On September 2, 2014, the Plaintiff received from E law firm all assignment of remuneration claims under the instant delegated contract from E, and on behalf of E law firm, notified the Defendant of the assignment of claims as a duplicate of the instant complaint.

2. The plaintiff's assertion is obligated to pay to the plaintiff the amount of KRW 50 million in total, KRW 150 million in contingent fees according to the decision of permission for release on bail, and KRW 100 million in contingent fees according to the decision of suspension of execution and delay damages.

3. Determination

A. In a case where there is an agreement with the client on the remuneration for the handling of delegated affairs in a lawsuit, the attorney-at-law who completed the delegated affairs shall be agreed unless there are special circumstances.