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(영문) 서울중앙지방법원 2018.03.28 2017나59095
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

Basic Facts

Article 6 (Advanced Payment) (1) A shall pay to B as soon as the contract for this delegation is concluded, and as a result, the gold hundred thousand won (including additional tax) shall be paid to B.

(2) The commencement and remuneration under paragraph (1) shall, in principle, be, after the commencement of delegated affairs by Eul, such as research, investigation, preparation in writing, etc. of delegated affairs, Eul's partial filing or withdrawal of a lawsuit, waiver or withdrawal of a claim, waiver or recognition of a claim, settlement in a lawsuit, conciliation, transfer of a subject matter of lawsuit, death of a party, etc. due to reasons not attributable to Eul.

Article 7 (Remuneration for Performance)

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

(1) A person who won all or part of a lawsuit for prestigious relief: An amount calculated by calculating the above amount as the winning ratio (including value-added tax).

(b) Where it is deemed that he/she won: He/she shall report it to the winning in the following cases, and pay the amount of the contingent remuneration prescribed in the above paragraph (a):

(1) Where Gap voluntarily waives or recognizes a claim, withdraws a lawsuit, or withdraws an appeal after he/she has puts a considerable effort to perform delegated affairs.

(c) If the appeal is withdrawn without any economic benefit or other benefit of the reasons set forth in sub-paragraph (1) of the preceding paragraph, the outcome remuneration may be adjusted by mutual agreement between A and B, taking into account the effort of B and the progress of the performance of the work when the appeal is withdrawn.

On December 30, 2016, the Plaintiff and the Defendant concluded a delegation contract of this case with the content of the Plaintiff’s representation of the suit for return of unjust enrichment (hereinafter “instant contract”).

The main provisions of the instant contract are as follows.

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