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(영문) 대법원 2018.09.13 2017다256224
보관금등청구의소
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. Regarding ground of appeal No. 4

A. Where there is an agreement between a lawyer and a client concerning attorney's fee for delegated affairs, an attorney-at-law who has completed delegated affairs may, in principle, claim all of the agreed amount.

However, in light of the ordinary relationship with the client, the process of the acceptance of the case, the process and difficulty of the case, the degree of effort, the value of the subject matter of lawsuit, the specific interest that the client gained by winning the case, and other circumstances revealed in the pleading, the client may claim only the amount of remuneration within the reasonable scope exceptionally recognized, in exceptional circumstances where it is deemed that the agreed amount unfairly excessive is contrary to the principle of trust and good faith or the concept of equity.

However, such restriction on the claim for remuneration is limited to the principle of freedom of contract, so the court should clearly state reasonable grounds for such restriction.

(see, e.g., Supreme Court en banc Decision 2016Da35833, May 17, 2018). B.

The lower court acknowledged the following facts by citing the reasoning of the first instance judgment partially.

1) On April 14, 2009, the Plaintiff delegated the Defendant with no advance payment for all procedural actions, including judicial reconciliation, against the Korea Electric Power Corporation in connection with the lawsuit for unjust enrichment claim, etc. filed against the Korea Electric Power Corporation in connection with high voltage lines and high voltage lines installed on the instant land owned by the Plaintiff. Notwithstanding the name of the judgment, conciliation, settlement, agreement, etc., where receiving money from the Korea Electric Power Corporation, regardless of its title, it shall be deemed as winning the lawsuit, and an agreement shall be made to pay the amount equivalent to the past rent by the time of judicial reconciliation, conciliation, and judgment, and to pay an amount equivalent to 30% after deducting the actual cost for lump-sum compensation at the time of the agreement for creation of superficies before and after the judgment. 2) The Defendant, on behalf of the Plaintiff, etc., on December 7, 200

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