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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.
Reasons
1. On July 22, 2013, the basic facts of the claim (1) Nonparty C (hereinafter “C”) concluded a contract for delegation of a lawsuit (hereinafter “instant delegation contract”) with the Defendant, an autonomous management organization consisting of the occupants of Yangju-si B apartment (a total of 14 Dong, 764 households) through the Seocho-si Branch Attorney D, and received KRW 5 million from the Defendant, as shown in the attached Table, where C won of the lawsuit (including both the first, second and third instances) seeking the cost of defect repair of the above apartment against the non-party corporation, the construction and sale of the above apartment, and the Hanyang-si, etc., on behalf of the Defendant, as shown in the attached Table, for winning the lawsuit on behalf of the Defendant (including both the first, second and third instances).
(2) On July 22, 2013, D filed a lawsuit claiming defect repair expenses (hereinafter “related lawsuit”) against the Hanyang under the name of C and the Korea Housing and Urban Guarantee Corporation (Korea Housing and the said apartment) in accordance with the instant delegation contract against the Seoul Southern District Court Decision 2013Gahap12458 (hereinafter “instant lawsuit”).
(3) On September 11, 2013, C entered into an agreement with the Defendant to change the contingent fee rate under the instant delegation agreement to “C shall bear all the litigation costs, but if the amount recognized by judgment is at least three billion won, 17%, and 16% if it is less than 3 billion won,” respectively.
(4) After November 19, 2013, D prepaid KRW 7,350,000,000,000,000,000,000,000 from the Lao Capital Co., Ltd. (hereinafter “Eth Capital”) obtained a loan from the Lao Capital Co., Ltd., (hereinafter “Eth Capital”), as the cost of appraisal of the defect in the relevant lawsuit on November 20, 2013.
In addition, D paid KRW 22,292,050, such as stamp for related litigation and service fees by receiving a loan from rink Capital, etc. In addition, D paid KRW 25,493,251 during the loan process.
(5) D) Around June 2014, the Plaintiff established the Plaintiff.