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(영문) 서울중앙지방법원 2018.05.10 2017나74490

약정금

Text

1.The judgment of the first instance shall be modified as follows:

Defendant (Appointed Party) and Appointed C shall each of the plaintiffs 16.

Reasons

1. Facts of recognition;

A. The Defendant and the Selected C (hereinafter “Defendant, etc.”) leased and resided in D apartment and 160,000,000 won as lease deposit in Namyang-si, Namyang-si, and 206 Dong 1301. However, E applied for an order of seizure and assignment of claims against the above lease guarantee claim by the Defendant, etc. (hereinafter “the instant lease deposit return claim”), and issued an order of seizure and assignment from the above court on June 14, 2013. The above assignment order became final and conclusive at that time.

B. On November 29, 2014, the Defendant et al. concluded a litigation delegation agreement with the Plaintiff with the following terms (hereinafter “instant litigation delegation agreement”).

The indication of the case: The objection to the claim against the attachment assignment order, the criminal complaint for forging private documents, and the return of unjust enrichment against G 【Purpose】 The defendant et al. has entrusted the plaintiff with the handling of the above indication case, and the plaintiff has accepted it.

Article 2 【Advanced Remuneration】 The Defendant, etc. shall pay KRW 5,500,000 (including value-added tax) to the Plaintiff simultaneously with the establishment of the delegation contract.

Article 3. 【Repaid Remuneration】 The amount of 10% of the amount of deposit for lease on a deposit basis and the amount of actual refund in favor of unjust enrichment shall be paid within two weeks, and it is possible to meet the performance-based requirement, and the full amount of the agreed amount shall be paid within two weeks after the termination of the delegation contract.

C. On December 8, 2014, the Plaintiff filed a lawsuit seeking objection under the instant delegation agreement (hereinafter “instant lawsuit”). On August 19, 2015, the said court accepted the Defendant, etc.’s assertion, and rendered a judgment in favor of all the Defendant, etc. that “E shall transfer the instant lease deposit claim to the Defendant, etc. and notify the lessor that the said claim was transferred to the Defendant, etc.” (hereinafter “the judgment of the first instance”).