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(영문) 서울중앙지방법원 2016.04.22 2015가단5233367

약정금

Text

1. The Defendant’s KRW 22,00,000 as well as 5% per annum from July 23, 2015 to April 22, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant entered into a contract to delegate a lawsuit (hereinafter referred to as “instant contract”) on August 13, 2013, the Plaintiff and the Defendant concluded a contract to delegate a lawsuit (hereinafter referred to as “instant contract”) with the Plaintiff to act on behalf of the Plaintiff against Samsung C&T Co., Ltd., a contractor, for the purpose of rebuilding apartment complexes, etc. located within the building site 2-ho apartment complex in Dongdaemun-gu, Dongdaemun-gu, Seoul, Dongdaemun-gu, Seoul, the head of the competent authority on May 26, 199.

3) The Plaintiff’s remuneration under the instant contract was determined as “10,000 won for the first instance trial (excluding value-added tax)” and “3% of the final and conclusive judgment amount (excluding value-added tax).” (B) On September 17, 2013, the Plaintiff filed a lawsuit claiming a contract amount (Seoul Central Court 2013Gahap543758, hereinafter “agreement amount lawsuit”) on behalf of the Defendant pursuant to the instant delegation contract on behalf of the Defendant.

2) The major progress of a contract deposit lawsuit is as follows. On February 11, 2014, the date of the first pleading, which was received on September 17, 2013, is as follows. On March 18, 2014, the date of the third pleading is as of March 18, 2014, the date of the third pleading, the date of the closing of argument is changed on May 28, 2014, the return of conciliation is made several times from June 16, 2014 to November 17, 2014; the date of conciliation is postponed on December 15, 2014; the date of the first reconciliation recommendation made by the Mediation Tribunal on December 24, 2014; the date of the second settlement recommendation made on December 25, 2014, the date of the second settlement recommendation made on March 25, 2015, the date of the second settlement recommendation made on May 25, 2015 (the instant case).

C. On March 26, 2015, the Defendant’s termination of the instant contract was proceeding on the fourth date for pleading, and thereafter, at the said court.