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(영문) 부산지방법원 2015.08.27 2013가합14104
약정금 등
Text

1. The Defendant’s KRW 618,108,850 for the Plaintiff and KRW 5% per annum from August 13, 2013 to August 27, 2015.

Reasons

1. Basic facts

A. On July 5, 2007, the Plaintiff is a law firm established for the purpose of providing services to attorneys-at-law. On March 16, 2012, the trade name was changed from “law firm C” to “law firm B,” and from “law firm B” to “law firm A,” on May 13, 2013. The Defendant is an autonomous management body consisting of occupants for the management of 32,610 households, Sungwon-gu, Sungwon-gu, Sungwon-gu, Sungwon-si (hereinafter “instant apartment”).

B. On July 15, 2010, the Defendant concluded a delegation agreement with the Plaintiff (the Plaintiff’s name was a law firm C) on the following (hereinafter “instant delegation agreement”) with the Korea Land and Housing Corporation (hereinafter “Korea Land and Housing Corporation”) which is the business entity that constructed and sold the instant apartment, seeking compensation for damages arising from the defect of the instant apartment.

Article 2 (Delegated Limit) The scope of delegated affairs entrusted by the defendant to the plaintiff shall be until the conclusion of the judgment (reconciliation recommendation, mediation, agreement, etc.).

Article 6 (Advanced Payment) (1) The defendant shall pay 10,000,000 won to the plaintiff at the same time as when the delegation contract is concluded.

(2) No request for return of the retainer remuneration under paragraph (1) shall be made after the plaintiff began the performance of delegated affairs, such as research, investigation, and preparation in writing, for reasons not attributable to the plaintiff.

Article 7 (Remuneration for Performance)

(a) When the delegated affairs of contingent remuneration have succeeded to a judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:

(1) An amount equivalent to 15% of the winning amount (excluding value-added tax).

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