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(영문) 서울중앙지방법원 2019.10.16 2019나5924

성공보수금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The defendant is a person who purchased Incheon C apartment unit No. D (hereinafter "the apartment of this case"), and the plaintiff was an attorney-at-law belonging to the law firm E.

Article 1(1) (Scope of Deposits: (2) Other party to the so-called F case (e.g. cancellation and cancellation of the sale contract, compensation for damages, return of unjust enrichment, etc.): Indication of the competent court, institution, etc. of the apartment seller, Korea, Incheon Metropolitan City, Korea Land and Housing Corporation, G Corporation, etc. (3): Incheon District Court or Seoul District Court (4) case scope of acceptance: 200,000 won (including additional tax) contingent fees for the first instance trial and preservation of the case.

1.The amount calculated at the following rates by applying differential rates by economic gains value - below 5%: 7% of the economic gains (including surtax; hereinafter the same shall apply) - The economic gains value exceeding 5% but not exceeding 10%: 8% of the economic gains value - the economic gains value exceeding 10% but not exceeding 15% of the parcelling-out price: 9% of the economic gains value exceeding 15%: 10% of the economic gains value;

2. Time of payment: Receipt of money.

B. On September 28, 2011, the Defendant entered into a contract with Law Firm E for delegation of a lawsuit (hereinafter “instant delegation contract”) stipulating the scope of acceptance and remuneration as follows.

C. A total of 696 buyers of the instant apartment, such as the Defendant, filed a lawsuit seeking the return of the sale price against H Co., Ltd., the executor of the instant apartment construction and sale business (hereinafter “related lawsuit”). The law firm E represented at the first instance court of the relevant lawsuit in accordance with the delegation contract with the buyers, such as the instant delegation contract, on behalf of all 696 buyers, pursuant to the relevant litigation delegation contract with the Plaintiff, and the Plaintiff, as the attorney E of the law firm, performed the relevant lawsuit.

On February 1, 2013, H Co., Ltd. rendered a judgment in favor of the first instance court of the relevant lawsuit that the Defendant would pay the amount equivalent to 12% of the sale price and damages for delay.