(영문) 서울중앙지방법원 2018.02.08 2017가단5100140

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(영문) 서울중앙지방법원 2018.02.08 2017가단5100140

용역비

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 15, 2014, the Plaintiff, an attorney-at-law, concluded a delegation contract with the Defendant regarding divorce, consolation money, and claim for division of property, as well as the representation of the first instance court and the application for provisional attachment (hereinafter “instant delegation contract”), and agreed on the retainer amount as “10 million won,” and the contingent fee as “the amount equivalent to 10% of the profits derived from litigation, conciliation, recommendation for reconciliation, agreement, etc.”

B. Under the delegation contract of this case, the Plaintiff received KRW 10 million from the Defendant. The Defendant’s legal representative, the Seoul Family Court 2014 businesshap3073, filed and executed a provisional seizure of real estate with the Defendant’s spouse’s claim amounting to KRW 1.28 billion, which is the amount of the Defendant’s real estate under the Defendant’s spouse C’s name, and filed a lawsuit seeking divorce, consolation money, division of property, etc. (hereinafter “instant lawsuit”).

C. On May 31, 2016, the instant lawsuit pertains to the “decision of recommending reconciliation” as follows.

1. Once a final and conclusive judgment becomes final and conclusive, the Defendant and C shall be divorced. 2. C: (a) The Defendant and C shall perform the procedures for the registration of ownership transfer on each real estate listed in the separate sheet as property division to the Defendant based on the fixed date of the decision to recommend the settlement of property division. 3. The Defendant shall each take over the obligation to refund the deposit amount of KRW 200 million to C on each real estate listed in the separate sheet, and the obligation to pay the deposit amount of KRW 750 million on Seoul Livestock Industry Cooperative (D) (the Defendant shall complete the registration on the change of the debtor to the Defendant, and the lessor of the said lease shall enter into a re-contract with the Defendant to change the lessor of the said lease agreement from

After the assumption of the obligation as above, C is not liable for each of the above obligations. 4. C is listed in the separate sheet for the Seoul Livestock Industry Cooperatives (Stak branch).

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