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(영문) 서울중앙지방법원 2014.02.07 2013나47803

성공보수금반환

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

The reasons for the judgment of the court of first instance are as follows: “B. the Plaintiff failed to pay the stamp and service fee of the above case because of the economic circumstance, etc.; on July 26, 2011, the Defendant paid the stamp and service fee in lieu of the above stamp and service fee; and the Plaintiff issued to the Defendant a certificate of loan that the above stamp and service fee are borrowed from the Defendant (i.e., KRW 2,431,9,500 + KRW 2,359,500 + delivery fee + KRW 72,480 + delivery fee). In addition, after the delegation contract of this case, the Plaintiff agreed to increase the contingent fee of the instant delegation contract between the Defendant and the Defendant from 10% of the initial winning price to 20% of the initial winning price (hereinafter “the first delegation contract of this case”); and on July 26, 2011, the Plaintiff stated “the Plaintiff” in the main sentence of Article 20 of the Civil Procedure Act as it is in addition to the judgment of the first instance.

Therefore, the judgment of the first instance is just, and all appeals filed by the plaintiff and the defendant are dismissed. It is so decided as per Disposition by the assent of all participating Justices.