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(영문) 서울중앙지방법원 2020.04.29 2018가합578445
양수금
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff KRW 262,030,628 as well as a year from June 15, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On September 25, 2013, the Defendant entered into a contract for the delegation of a lawsuit between the Defendant and the Intervenor’s Intervenor with respect to the defect-related litigation regarding the Defendant’s apartment (hereinafter “instant contract for delegation of lawsuit”) and the Defendant’s Intervenor’s Intervenor. The main contents of the contract are as follows.

Article 2 (Bearing of Expenses) The Intervenor joining the Defendant shall pay the stamp fees, service fees, verification and appraisal expenses, execution expenses, and other costs of lawsuit necessary for handling the delegated affairs (the total costs of lawsuit paid by the Intervenor joining the Defendant is paid by proxy).

Provided, That where the intervenor joining the defendant pays the above expenses on behalf of the defendant, the above expenses shall be deducted from the winning amount (including the provisional execution amount), and when the defendant joining the defendant loses the whole expenses, the defendant shall not claim the expenses paid on behalf of the defendant.

Article 4 (Agreements on Acceptance of Official Gazette) (1) When the delegated affairs of the Intervenor joining the Defendant are fully or partially successful, the Defendant shall pay 13.5% of the amount calculated by deducting stamp, service fees, appraisal fees, etc. from the cost of litigation paid in lieu of economic benefits (including interests) as the contingent remuneration.

Provided, That in the case of an agreement before appraisal, the success fee rate shall be 3% (economic profit) of the agreed amount, and the amount shall be paid by mutual agreement.

The above economic profit refers to the amount of judgment, etc. (including delay damage, and where it is recovered by provisional execution), and where the economic profit has been reduced in the appellate court, the corresponding amount of contingent remuneration shall be refunded to the defendant by the defendant joining the defendant.

② When the Defendant received the judgment amount, etc., the Defendant shall pay the Defendant’s Intervenor’s Intervenor’s Intervenor’s litigation costs and contingent fees within five days from the date of receipt of the judgment amount, etc., and where the Defendant did not pay it, the Defendant shall pay 1/100 of the unpaid amount as compensation for delay, as compensation for delay, to the Defendant’s Intervenor.

(3) The success of the above delegated affairs shall be ordered to pay money.

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