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(영문) 서울중앙지방법원 2018.11.20 2018가단5094280

약정금

Text

1. The Defendants: KRW 3,473,684, respectively, and KRW 5% per annum from December 1, 2016 to November 20, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Defendants are workers working at the V hospital affiliated with the U.S. (hereinafter “U”) and filed a lawsuit claiming wages against U on July 15, 2016 (hereinafter “representative ordinary wage lawsuit”). The Plaintiff is an attorney-at-law who concluded a delegation contract with the Defendants in connection with the representative ordinary wage lawsuit and acted as an agent in the lawsuit.

B. On March 25, 2016, the V Hospital Labor-Management Council passed a resolution of the labor-management council in order to look at what is included in ordinary wages among the wage items. By filing a lawsuit against U representative ordinary wage with the representative worker of each occupation as the plaintiff, the court’s final judgment or the decision or agreement that has the same effect as that of the court’s final judgment is extended and applied to the workers who did not institute a lawsuit accordingly, and the costs of the lawsuit required therefor are borne by the hospital.

C. Accordingly, on May 31, 2016, the rest of the Defendants, the representatives of occupational categories, including Defendant B, who are the members of the labor-management committee, and the Plaintiff entered into a delegation contract with the attorney-at-law as an attorney-at-law as to the representative ordinary wage lawsuit (hereinafter “instant delegation contract”).

According to the delegation contract of this case, “in case of contingent remuneration,” such as “in case of full winning, judicial or extra-judicial reconciliation (including a decision on recommending reconciliation), the amount calculated by the winning ratio (excluding value-added tax), and in case of partial winning, the amount calculated by the winning ratio (excluding value-added tax) shall be paid.

(See Section 7(a)(1). In addition, Article 7(1)(1) provides that if Party A voluntarily withdraws a lawsuit after Party B puts a considerable effort to carry out delegated affairs, Party A shall be deemed to have won the lawsuit and the amount of contingent remuneration provided for in the said paragraph shall be paid.

(see Article 7(b)(1). (e)

The plaintiff shall collect relevant data, such as rules of employment, collective agreements, and wage ledgers, based on them.