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(영문) 서울중앙지방법원 2021.02.04 2020나12812
기타(금전)
Text

1. Of the judgment of the first instance court, the part against the plaintiff falling under the following order of payment shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The plaintiff is a law firm, and the defendant is engaged in the steel reinforced concrete construction business and the water supply and drainage facility construction business.

B. D and E filed a lawsuit against the Defendant seeking payment of KRW 147,753,607 against the Seoul Central District Court (hereinafter “instant civil lawsuit”), and on November 201, 2017, the Defendant delegated the Plaintiff with the agent for the instant civil lawsuit and paid KRW 5,500,000 (including value added taxes) with the retainer.

(c)

The contents concerning the contingent remuneration among the delegation contracts for civil litigation of this case (hereinafter “the contingent remuneration agreement”) are as follows.

Article 4 (Voluntary Remuneration) In the event of the success of the above officer, the successful remuneration shall be paid immediately in accordance with the following classification (excluding value added tax). 20% of the reduced amount among the amount claimed by the Plaintiff (where an agreement outside a lawsuit is concluded and the lawsuit is withdrawn, it shall be deemed to have won the whole lawsuit):

1. Where the principal voluntarily waives a claim, or gives his consent to the withdrawal or withdrawal of an appeal by the other party, or to the withdrawal or withdrawal of an appeal by the other party;

2. When he does not perform his obligations as provided for in this Agreement to his return, or he has made a false statement, thereby cancelling his contract of delegation on the grounds of his false statement; and

3. When the principal has voluntarily rescinded the delegation contract, or terminated the delegation for any cause not attributable to him; and

D. The instant civil lawsuit was concluded by the Defendant, on June 1, 2018, by paying the full amount of the said claim to D and E outside of the lawsuit, and submitted a written withdrawal of the lawsuit to D and E on the same day. On June 8, 2018, the Plaintiff, a representative of the Defendant, submitted a written consent of the withdrawal of the lawsuit to the court.

Article 3 (Scope of Advice) The scope of advice under this Agreement shall be as follows:

1. Legal counseling;

2. Review of the Agreement;

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