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(영문) 서울중앙지방법원 2020.08.18 2019가단5116248

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the representative attorney at law office C, and the Defendant is the promotion committee composed of the committee for the establishment of the Seocho-gu Seoul Metropolitan Government B Apartment (hereinafter “instant apartment”).

B. On November 2, 200, D was elected as the chairperson of the Defendant’s representative promotion committee, and on May 24, 2013, the execution of duties was suspended, and accordingly, changed to G on June 27, 2013, F on April 7, 2016, and February 1, 2017.

C. With respect to the instant apartment, a delegation contract between the Plaintiff and the Defendant was concluded with respect to the following contents (hereinafter “each of the instant contracts”).

Article 4 (Advance Payment) (1) of the other party, the appellant of the Seoul High Court H Act permission (hereinafter referred to as “the first case”), shall pay KRW 0,000,000,000,000,000,000 won at the same time as the delegation contract is concluded.

Article 5 (Competence Remuneration)

(a) Where he/she fully won the contingent remuneration: An amount calculated by calculating the above amount as the winning rate (excluding surtax) in part of the daily (excluding surtax): 20 million won; or

Where it is deemed that he/she won: He/she shall be considered as a winning in the following cases, and shall pay the amount of contingent remuneration prescribed in the above paragraph (a):

(1) Where any delegating person voluntarily waives or recognizes a claim, withdraws a lawsuit, withdraws an appeal, or withdraws an appeal, he/she shall pay the stamp fees, service charges, records and history expenses, expenses for verification and appraisal, witness's daily allowance, travel expenses, travel expenses, guarantee deposit, execution expenses and other costs of lawsuit necessary for the handling of delegated affairs under Article 6 (Bearing of Expenses) to the mandator immediately upon his/her request.

Article 10 (Matters of Special Agreement)

1. Beginning payments and contingent fees shall be paid when the promotion committee prepares maintenance project costs;

2.This Arrangement shall enter into force after the resolution of the Assembly.

The defendant, the defendant, the principal E, and the remaining matters of the case do not exceed the permission of the non-standing activities in the Seoul Central District Court J of the same case.