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(영문) 서울중앙지방법원 2019.08.13 2018가단41588
약정금
Text

1. The Plaintiff, Defendant C, and D, respectively, KRW 2,194,50, KRW 4,081,00 for Defendant E, KRW 4,543,00 for Defendant F, and KRW 4,543,00 for Defendant G. 4,543.

Reasons

. In the case of S, Defendant I, and J, T, and B, the two cases together constitute “pre-trial litigation.”

[2] The Defendants appointed U as an attorney and responded to the preceding lawsuit. In the Seoul Northern District Court case, among the preceding lawsuit, the market price appraisal procedure was initiated with respect to the household owned by the pertinent Defendants in the Seoul Northern District Court case, and each household price was assessed as KRW 1 billion from KRW 1.45 billion to KRW 1 billion. Meanwhile, in the same court case, the separate market price appraisal procedure was conducted in the same court case. The Defendants terminated the delegation contract with U.S. on November 201, 2016 with respect to the preceding lawsuit, and between the Plaintiff and U.S., the delegation contract for the first instance trial (hereinafter “instant delegation contract”).

The contingent fee portion among them (hereinafter referred to as the “Assistance Fee Agreement”) was concluded.

(1) The amount is as follows: 1. The successful remuneration (Article 5): 1.0 billion won base * 1.05 billion won or less: 7% of the increase: 1.0 billion won or more; 10% of the increase; 1.3 billion won or more; 3.0% of the increase: the due date for payment; 3. Value-added tax shall be separate at the time of the first instance judgment; 4. O space owners (in the case of any of the following subparagraphs, the delegated affairs shall be deemed successful, and the Defendants shall pay the Plaintiff the full amount of the contingent remuneration prescribed in Article 5.

3. Voluntary adjustment or compulsory adjustment;

D. After the conclusion of the instant delegation contract, the Plaintiff participated in the prior suit, and performed the oral proceedings, including the submission of written opinions and preparatory documents on appraisal, the application for re-appraisal, and the attendance at the date for pleading.

E. On April 26, 2018, the Seoul Northern District Court determined that a sales contract was established between a cooperative and the pertinent Defendants on the basis of the market price, and recognized the market price as KRW 562,50,000 for Defendant C and D, KRW 1,103,000 for Defendant E, KRW 1,103,000 for Defendant F and G, and KRW 1,109,000 for each of the above amounts.

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