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(영문) 서울중앙지방법원 2019.10.02 2019나17842 (1)

성공보수금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The defendant is a person who purchased Incheon C apartment unit No. D (hereinafter "the apartment of this case"), and the plaintiff was an attorney-at-law belonging to the law firm E.

Article 1(1) (Scope of Appointment: (2) Other party of the so-called C case (e.g. cancellation and cancellation of the sale contract, compensation for damages, claim for restitution of unjust enrichment, etc.): Indication of competent court, agency, etc. of apartment buyers, Korea, Incheon Metropolitan City, Korea Land and Housing Corporation, F Corporation, etc.: The scope of acceptance of the case: Incheon District Court or Seoul District Court (4) case: 200,000 won (including additional tax) contingent fees for the first instance trial and the preservation of the case.

1.The amount calculated at the following rates by applying differential rates by economic gains value - below 5%: 7% of the economic gains (including surtax; hereinafter the same shall apply) - The economic gains value exceeding 5% but not exceeding 10%: 8% of the economic gains value - the economic gains value exceeding 10% but not exceeding 15% of the parcelling-out price: 9% of the economic gains value exceeding 15%: 10% of the economic gains value;

2. Time of payment: Receipt of money.

B. On October 1, 2011, the Defendant entered into a contract with law firms E for delegation of litigation (hereinafter “instant delegation contract”) stipulating the scope of acceptance and remuneration as follows.

C. A total of 696 buyers of the instant apartment, such as the Defendant, filed a lawsuit seeking the return of the sale price, etc. against G Co., Ltd. (hereinafter “related lawsuit”), which is the executor of the instant new apartment construction and sale business, and the law firm E represented at the first instance court of the relevant lawsuit in accordance with the delegation contract with the buyers, such as the instant delegation contract, on behalf of all 696 buyers. The Plaintiff, as the attorney in charge of the law firm E, performed the relevant lawsuit.

On February 1, 2013, G Co., Ltd. rendered a judgment in favor of the first instance court of the relevant lawsuit to the defendant that he/she would pay the amount equivalent to 12% of the sale price and damages for delay.