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(영문) 서울중앙지방법원 2017.06.23 2016나80764
약정금
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. Defendant C, and D (hereinafter collectively referred to as “Defendant, etc.”) are the owners of the buildings listed in paragraph (1) of the attached Table No. 1 (hereinafter referred to as “instant building”), and as indicated in paragraph (2) of the attached Table No. 2 (hereinafter referred to as “instant land”) against the Defendant, etc. in Seoul Southern District Court 2015Gahap101529 against the Defendant, etc., the Defendant, etc. filed a lawsuit (hereinafter referred to as “subject case”) stating that “the Defendant, etc. removed the instant building to E, and deliver the instant land to E, and from January 29, 2015 to the completion of delivery of the instant land.”

B. On March 2, 2015, the Plaintiff entered into a contract with the Defendant, etc. to be delegated with the duties of attorney-at-law (the other party to the conclusion of the delegation contract is stated later; hereinafter “instant delegation contract”), and the main contents thereof are as follows.

The Defendant paid KRW 10 million (excluding value-added tax) to the Plaintiff as the retainer of the instant delegation contract.

Article 2 (Advanced Money) Pre-payment shall be KRW 10 million (excluding value-added tax).

Article 7 (Remuneration for Good Faith) (1) When the entrusted affairs are terminated successfully, the success fee shall be paid in accordance with the following classification:

1. Removal of the building or delivery of the land: 10 million won

2. In case of partial winning: An amount equivalent to the winning ratio of the above amount.

3. Judicial or extra-judicial reconciliation, conciliation, etc.: A successful remuneration shall be paid within the limit of the value of economic benefits derived therefrom (where the details of conciliation of reconciliation are difficult to be converted into economic benefits, it shall be paid according to the contents of reconciliation, conciliation, etc.).

(2) The contingent remuneration shall be paid within ten days after the rendering of a judgment in the relevant instance, and where such payment is delayed, 7% interest in arrears per annum from the following day shall be added thereto.

(c).

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