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(영문) 서울중앙지방법원 2018.08.21 2018나13270
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Defendant is the owner of the area of 972 square meters prior to the Jeonjin-gu, Seoul (hereinafter “instant land”), and the electric transmission line installed by the Korea Electric Power Corporation is passing on the instant land.

B. On May 2, 2012, the Plaintiff, an attorney-at-law, entered into a delegation contract with the Defendant (hereinafter “instant delegation contract”) and filed a lawsuit claiming restitution of unjust enrichment with the Seoul Central District Court 2012Kadan108700 (hereinafter “instant prior suit”) against the Korea Electric Power Corporation.

Article 3 (Public Official Fees) (1) When the plaintiff's delegated affairs are fully or partially successful, the defendant shall pay 30% (including interest) of economic benefits (including additional tax), and 30% of economic benefits (including interest), as well as of economic benefits (including interest), as for the part of the claim for return of unjust enrichment in the past and the lump-sum payment based on the creation of superficies, as for the part of the ordinary payment of money for future performance.

(2) The economic benefits under paragraph (1) shall be the amount entered in written judgment, etc. when a ruling, ruling, adjustment, or recommendation for compromise is made, and in cases other than those, if the result of appraisal by an appraiser appointed by a court is completed, it shall be based on the amount of compensation stated in the written appraisal report, if any, and if no result of appraisal exists, it shall be the amount calculated by multiplying the amount equivalent to 10% of the officially announced land price of the site subject to compensation by

③ In principle, the Plaintiff shall receive a judgment from the other party and deduct a successful fee, and then pay it to the Defendant. To this end, the Defendant shall delegate the authority to receive the judgment to the Plaintiff.

However, where the other party pays the amount of judgment, etc. to the defendant, the defendant shall pay the amount of contingent remuneration to the plaintiff within three days immediately after receipt.

Article 4 (Equitable and Successful Actions) The plaintiff shall make considerable efforts to manage delegated affairs.

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