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(영문) 광주지방법원 2018.04.27 2017나7411

성공보수금

Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

Reasons

1. The parties' assertion

A. On August 24, 2015, the Defendant filed an application with the Gwangju Family Court for the commencement of adult guardianship as to D, which is the Defendant’s Defendant’s Defendant’s Defendant’s wife, for the commencement of adult guardianship (hereinafter “ adult guardianship case”), and on August 24, 2015, the Defendant delegated the Plaintiff from the above adult guardianship case not to designate C as a guardian (hereinafter “case delegation contract”), and the Defendant paid KRW 1,000,000 for contingent fees when winning the Plaintiff in the instant delegation contract. The Gwangju District Court commenced adult guardianship for D on July 4, 2016 and decided to designate a lawyer as a guardian, and thus the Defendant is obligated to pay the contingent fees to the Plaintiff.

B. The fact that the defendant's third party's assertion is designated as a guardian cannot be viewed as "in favor of the defendant" as stipulated in the delegation agreement of the case.

2. According to the evidence Nos. 1, 2, and 7-1 through 4 of the evidence No. 7, the Plaintiff, the attorney-at-law, and the Defendant, on August 24, 2015, prepared the instant delegation contract to which the Defendant would delegate his/her agent affairs concerning the first instance trial of adult guardianship cases to the Plaintiff and the attorney-at-law, and (b) Article 2 of the instant delegation contract provides that “if the delegated affairs are successful, the amount shall be paid immediately in accordance with the following classification,” and Article 5 provides that “if the delegated affairs are successful, the amount of contingent compensation shall be paid immediately in accordance with the entrusted affairs,” and “in Article 6, the delegating shall be fully successful, and the amount shall be paid to the mandatary in full the performance fee prescribed in Article 5.”

(1) When a mandator has given his consent to the waiver or recognition of a claim, compromise, withdrawal of a lawsuit, withdrawal and waiver of an appeal by the other party, or withdrawal of a lawsuit or appeal by the other party, and (2) When the mandator has failed to perform the obligations prescribed in this Agreement to the mandatary, or when the mandator has made a false statement to the mandatary.