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(영문) 서울중앙지방법원 2018.06.20 2017가단5219778

약정금

Text

1. The Defendant shall pay to the Plaintiff KRW 33,610,130 and the interest rate of KRW 15% per annum from November 7, 2017 to the day of complete payment.

Reasons

Basic Facts

On November 18, 2016, the Plaintiff, as an attorney-at-law, agreed to pay the fees of KRW 10,000 for a contract of delegation of the litigation affairs with the content of representing the Defendant and D in the Daegu District Court 2016Gahap20741 (hereinafter “instant litigation case”), which was brought by C against each of the Defendant and the Defendant’s children, “the Defendant shall pay the Plaintiff (C) the amount of KRW 340,222,00,000, and the amount of the other party’s claim shall be reduced to KRW 680,44,000 (value-added tax separate).”

(hereinafter “instant delegation agreement”). On December 12, 2016, the Plaintiff was sentenced to a judgment on October 13, 2017, 2017, stating that “The claim against Defendant D shall be dismissed, and the Defendant B shall pay KRW 8,237,210 and delay damages to the Plaintiff (C).”

[Grounds for recognition] No dispute exists. According to the above facts, according to Gap evidence Nos. 1 through 5 and the facts of recognition that the plaintiff's claim for contingent fees for the determination of the cause of the claim as a whole, the plaintiff won the entire delegated affairs of the lawsuit on behalf of the defendant and D and reduced the amount of KRW 340,222,00 as to D, and the defendant reduced the amount of the claim No. 340,222,00 from KRW 340,222,00 to KRW 3331,984,790 as to the claim amount of KRW 340,222,000 (= KRW 340,222,00 - KRW 8,237,210). Thus, the defendant is obligated to pay the plaintiff the contingent fees set forth in the delegation agreement of

Therefore, the Defendant’s total amount of KRW 672,206,790 (= KRW 340,222,000) equivalent to 33,610,339 (= KRW 672,206,790) equivalent to 5% of the total amount of the Plaintiff’s reduction (= KRW 672,206,790) is clear on the record that the instant payment order was served on the Defendant.