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(영문) 광주지방법원 2018.10.24 2017나63572
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. On February 12, 2016, the Defendant was prosecuted to the Gwangju District Court as the facts charged of rape and non-rapeing.

(The District Court 2016 Gohap30). (b)

On March 21, 2016, the Plaintiff submitted a defense counsel appointment system to the above court, and participated in defense activities, etc. on the trial date, and was pronounced not guilty on July 5, 2016.

C. The prosecutor appealed against the above judgment on July 11, 2016.

(Seoul High Court 2016No285) d.

On October 4, 2016, the Plaintiff’s representative C and the Defendant concluded a defense counsel appointment contract for the above appellate trial (hereinafter “instant attorney appointment contract”).

Upon the judgment of the above appellate court, the defendant paid KRW 10 million, and the prosecutor additionally agreed to pay KRW 10 million when the judgment of the Supreme Court is rendered after the appeal by the prosecutor, and additionally pay KRW 10 million when the prosecutor becomes final and conclusive without filing a final appeal.

E. On December 8, 2016, the Gwangju High Court rendered a judgment dismissing the prosecutor’s appeal regarding the foregoing case, and the prosecutor’s appeal was not appealed and became final and conclusive as it is.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, voice of Gap evidence 7, purport of whole pleading

2. According to the above facts of recognition as to the cause of the claim, since the judgment of the Gwangju High Court 2016No285 was rendered and the prosecutor was not appealed, the defendant is obligated to pay to the plaintiff the amount calculated by the ratio of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 19, 2017 to the date of full payment following the delivery of the payment order of this case, as sought by the plaintiff.

3. The Defendant alleged that on July 29, 2016, the Plaintiff paid KRW 10 million to the Plaintiff at the appellate court’s fee. However, the aforementioned facts or circumstances, namely, the following facts or circumstances acknowledged by comprehensively considering the purport of the entire arguments, which are acknowledged as a whole.

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