손해배상(기)
All of the claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
Litigation costs shall be the principal lawsuit, ...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On September 1, 2016, the Plaintiff, as an attorney-at-law, entered into a delegation contract with the Defendant regarding divorce, division of property, and claim for consolation money (hereinafter “instant delegation contract”). The details relating to the instant case are as follows (i.e., the Plaintiff’s “B” and “A”). Article 1(1) of the Act delegates B with the handling of divorce, division of property, and claim for consolation money (hereinafter “commissioning affairs”) and delegates B with the handling of divorce, claim for consolation money.
Article 6 (Commencement Remuneration) (Separate Value-Added Tax Separate) A shall be 10 million won (including stamp delivery charges) upon commencement of a delegation contract at the same time as the delegation contract is concluded.
Article 7 (Bearing of Expenses) The full amount of the stamp fee, service fee, appraisal fee, feed, travel expenses, and other necessary expenses necessary for the handling of delegated affairs shall be borne by A.
Article 8 (Voluntary Remuneration) (Separate Value-Added Tax Classification)
(a) 3 per cent of the winning amount;
However, in the case of 7 million won or less, it shall be 5% or 4.5% if it is not more than 5 million won.
(b)The contingent remuneration shall be paid immediately when the mandate has been given due to a judgment, a judicial or extra-judicial settlement (including a decision of recommending reconciliation), a conciliation (including a decision in lieu of conciliation), etc.
Article 9 (Cases in which contingent remuneration is recognized) In the following cases, all successful remuneration prescribed in paragraph (1) of the preceding Article shall be deemed to be won in full and shall be paid in full:
(d)
Except as otherwise expressly provided for in this delegation contract, Article 16 (Relation to Civil Law) and other terms and conditions of delegation shall apply where A terminates a contract for delegation without any justifiable reason or where B terminates a contract for delegation pursuant to Article 9 after having put a considerable effort to handle delegated affairs by B, except as otherwise expressly provided for in this delegation contract.
2) On September 2, 2016, the Defendant paid KRW 10 million to the Plaintiff the retainer under Article 6 of the instant delegation contract.
(b)in this case;