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(영문) 수원지방법원 안양지원 2018.11.28 2018가단106720
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,90,000 and the interest rate of KRW 15% per annum from April 27, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 2, 2016, the Plaintiff entered into a litigation delegation contract with the Defendant by setting as KRW 5,500,000 (including value-added tax; hereinafter the same shall apply) and 11 [including partial winning) of the amount on the written judgment that won the contingent remuneration (including partial winning)] as “11% of the amount on the written judgment that won the contingent fee” (including 10 x 10% of value-added tax).

(2) On June 21, 2017, the Suwon District Court rendered a favorable judgment against the Plaintiff to the effect that “The first instance judgment is revoked. The Defendant shall pay KRW 200,000,000 to the Plaintiff and delay damages therefrom.”

B. In addition, the Plaintiff determined KRW 5,500,000 with respect to the claim for the registration of cancellation of ownership E with the Defendant on June 30, 2017 (hereinafter “the second delegation contract”), and ② on August 7, 2017, with respect to the loan claim for the Supreme Court’sF loan claim (the final appeal on the claim for the above Suwon District CourtD loan claim), “the third delegation contract” is deemed as KRW 4,400,000 with respect to the third delegation contract.

(C) Each litigation delegation contract was concluded. The Plaintiff received KRW 5,500,000 from the Defendant for the first delegation contract. [Grounds for recognition] The Plaintiff did not dispute, and the evidence No. 2-1 through 3 (each Defendant’s signature dispute is presumed to be the authenticity of each document as a whole, since it does not dispute over each Defendant’s signature.

Although the defendant asserts that he signed without regard to the part entered in the contingent remuneration agreement due to lack of trial ability, the statement in subparagraph 4 that corresponds thereto is not trustable, the statement in subparagraph 3 and the witness G testimony alone is insufficient to recognize it, and there is no other evidence to acknowledge it otherwise.

A person shall be appointed.

2. Determination:

A. According to the above facts, the defendant is 22,00,000 won for the contingent fee of the first delegation contract (200,000,000 x 11%) for the plaintiff, 5,500,000 won for the commencement of the second delegation contract, 4,400,000 won for the third delegation contract, and 31,90,000 won for the third delegation contract, and the service date of the original copy of the instant payment order for the above case.

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