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(영문) 서울중앙지방법원 2019.10.24 2019나36850
성공보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 3, 2009, the Defendant sold the Incheon E apartment (hereinafter “instant apartment”) of D Construction Co., Ltd. (hereinafter “C”) from the truster around November 3, 2009.

B. In around 2011, the number of buyers of the instant apartment including the Defendant entered into a litigation delegation agreement (hereinafter “instant delegation agreement”) with the law firm G containing the following contents.

Article 1 (Scope of Acceptance) (1) : He case of so-called H (Cancellation and Termination of Sales Contract, Compensation for Damages, Return of Unjust Enrichment, etc.) (4) Acceptance : Article 3 (Remuneration) A (Defendant) of the entire litigation and preservation litigation in the first instance trial of the above case shall pay remuneration and litigation costs to Eul (Law Firm G) as follows:

(i) the success fee of KRW 200,000 (including value added tax) (2) the contingent remuneration;

1. In the case of accepting a claim for cancellation or cancellation of a contract: 6% (including surtax; hereinafter the same shall apply) of “the difference between apartment sale price and the market price appraised value”

2.The amount calculated at the following rates by applying differential rates by economic benefit value when accepting a claim for damages or a claim for reduction of the sale price - The sale price shall be 7% of the economic benefit value - the sale price shall be more than 5% but not more than 10% of the sale price: 8% of the economic benefit value - the sale price shall be more than 9% but not more than 15% of the sale price: 10% of the sale price shall be more than 15%:

3. Time of payment: When money is received.

C. On behalf of the buyer of the apartment of this case including the Defendant, etc., the law firm G filed a lawsuit seeking the return of the sale price against C and D and the J Co., Ltd. (hereinafter “previous lawsuit”) on behalf of the buyer of the apartment of this case, including the Defendant, with the Incheon District Court I, etc.

On February 1, 2013, the Incheon District Court published false or exaggerated advertisements while selling the apartment of this case by C and D and J companies.

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