약정금
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. Following the counterclaim filed by this court.
1. The main text of the facts constituting the basis shall be deemed both a principal lawsuit and a counterclaim.
A. The Defendant is the owner of CY 4,017 square meters, D 4,770 square meters, E 1,250 square meters (hereinafter “instant land”). The Korea Electric Power Corporation installed electric transmission lines over the airspace of the instant land and occupied some of the public sections of the instant land.
B. On December 13, 2010, the Plaintiff, an attorney-at-law, entered into a delegation contract with the Defendant (hereinafter “instant delegation contract”) and filed a lawsuit claiming restitution of unjust enrichment, etc. against the Korea Electric Power Corporation (hereinafter “instant prior suit”) with the Seoul Central District Court 2010Kahap127803.
Article 3 (Supplementary Remuneration) (1) When the plaintiff's delegated affairs are fully or partially successful, the defendant shall pay 30% (including interest rate) of the economic profit (including additional tax), as the successful remuneration, and settle with the plaintiff in a way that deducts the litigation costs.
(2) The economic benefits under paragraph (1) shall be the amount entered in the judgment, etc., if a decision is made to mediate or recommend reconciliation, and in cases other than those, if the result of appraisal by the appointed appraiser of a court is completed, it shall be based on the amount of compensation on the appraisal report, if there is any result of appraisal by the appointed appraiser of a court, and in cases where there is no result of appraisal, it shall be the amount calculated by multiplying the amount equivalent to 10%
(3) In principle, the plaintiff receives a judgment from the other party and deducts the litigation costs and contingent fees, etc., and then pays it to the defendant. However, where the other party intends to pay the judgment amount, etc. to the defendant, the defendant shall pay the contingent remuneration and litigation costs to the plaintiff within three days
Article 4 (Formation of Good Faith and Joining Party) The plaintiff puts considerable effort for the management of delegated affairs, and the defendant voluntarily waives his claim without the plaintiff's consent.