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(영문) 광주지방법원 2014.05.30 2013가합10569
부당이득금
Text

1. The Defendant’s KRW 80,545,060 for the Plaintiff and 5% per annum from November 28, 2013 to May 30, 2014.

Reasons

1. The following facts may be found as a whole in each entry in Gap evidence Nos. 1 to 11 (including branch numbers), with a view to the whole purport of the pleadings.

The plaintiff is the council of occupants' representatives comprised of 1,106 residents of the 14-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

B. 1) On September 18, 2003, the Plaintiff appointed C (D Legal Office Operation), an attorney-at-law on September 18, 2003, as a legal representative and sold the instant apartment on July 6, 2004, the Korea National Housing Corporation (which was merged with Korea Land and Housing Corporation; hereinafter “Korea Land and Housing Corporation”).

2) The Plaintiff filed a lawsuit claiming damages in lieu of defect repair (hereinafter “relevant case”).

(2) On February 5, 2009, the first instance court rendered a judgment in favor of the Plaintiff on the following: “The Korea Land and Housing Corporation shall pay 1,212,307,577 won to the Plaintiff and 5% per annum from July 15, 2004 to February 5, 2009; and 20% per annum from the next day to the date of full payment.”

3) On February 20, 2009, upon the sentence of provisional execution of the above judgment, the Plaintiff received 1 billion won from the Korea Land and Housing Corporation as provisional payment, and paid 301,558,590 won among them (101,558,590 won for the litigation expenses paid in lieu of 200 million won) to C. The Korea Land and Housing Corporation appealed. (4) The relevant appellate court rendered a judgment against the Plaintiff that “the part against the Korea Land and Housing Corporation in the judgment of the first instance is revoked, and the Plaintiff’s claim for the revocation is dismissed.”

C. On January 11, 2011, the Plaintiff entered into a delegation contract for legal affairs with the Defendant (hereinafter “instant delegation contract”) and the main contents are as follows.

Delegation Contract

1. A (Plaintiff) shall delegate a dispute over all rights and obligations in connection with this case to B (Defendant).

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