beta
(영문) 의정부지방법원고양지원 2019.05.30 2018가단83686

약정금

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 31, 2018, the Plaintiff and the Defendants concluded an agreement with the Seoul Northern District Court 2018Na30878 (hereinafter “instant appellate court”) to delegate the litigation (hereinafter “instant agreement”) with respect to the registration of cancellation of ownership (hereinafter “instant appellate court”), and the Plaintiff represented the litigation pursuant to the said agreement, but the Defendants submitted a letter of proxy dismissal against the Plaintiff without any notification to the Plaintiff.

The Defendants unilaterally terminated the instant agreement without justifiable grounds, even though the Plaintiff, as a mandatory, invested a considerable effort to manage delegated affairs, Article 4(b) of the instant agreement.

(2) A person shall be liable to pay contingent remuneration under paragraph (2).

2. In full view of the respective descriptions of Gap evidence Nos. 1 through 3 and Eul evidence Nos. 1 (including branch numbers), and the purport of the entire pleadings, the plaintiff and the defendants entered into the instant agreement to pay the contingent fees of KRW 31,000,000 (Additional No. 31) in relation to the appellate trial of the case, and Article 4 Section B of the instant agreement.

(2) Paragraph (1) provides that a successful fee shall be paid by deeming that “A” voluntarily waives or withdraws a claim, withdraws a lawsuit, cancels a contract to accept a case, or withdraws an appeal after the Plaintiff puts considerable effort for the management of delegated affairs. In accordance with the instant agreement, the Plaintiff submitted a letter of delegation of a lawsuit in accordance with the instant agreement and submitted preparatory documents once. During the instant appellate trial, the Defendants submitted a letter of delegation of a lawsuit to the first instance E, who was the legal representative of the Plaintiff, and submitted a written dismissal for the Plaintiff, and on December 4, 2018, the appellate court of this case rendered a judgment dismissing an appeal.

However, the above evidence alone puts considerable effort to submit the legal brief once to the Plaintiff for the handling of delegated affairs.