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(영문) 서울중앙지방법원 2020.06.24 2019나55462
약정금
Text

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

Reasons

1. Basic facts

A. Defendant B is the father of Defendant C, and D was the husband of Defendant B, and Defendant C’s fraud.

B. On July 6, 2015, the Defendants delegated the Plaintiff with a lawsuit against D. The main contents of the instant case are as follows.

(hereinafter “instant delegation contract” and “instant delegation contract” written pursuant thereto are “instant delegation contract.” However, “A” is the Plaintiff who is the Defendants and “B.”

Description of Cases

(a)the divorce action and provisional disposition;

2. Civil procedure and provisional disposition,

3. Provisional disposition suspending the execution of duties;

4. Criminal Complaint;

5.The above parties to comprehensive delegation, such as the right to maintain and make provisional disposition under the Commercial Act, shall enter into the delegation contract concerning the settlement of the case in the first instance of the display case as follows:

Article 1 [Purpose] A shall delegate the processing of the above indicated cases (hereinafter referred to as “entrusted affairs”) to B, and B shall accept them.

Article 2 (Limit of Delegation) The limit of delegated affairs entrusted by Party A to Party B shall be limited to the corresponding instance, and matters concerning incidental procedures, such as filing of any reversed case or appeal, compulsory execution, suspension of compulsory execution, preservative measures, etc., shall be separately determined.

In cases of preservative measure cases, an objection case or cancellation case shall be deemed a separate delegated case.

Article 6 (Advanced Remuneration) (1) A shall pay 33,00,000 won (including additional taxes) at the same time as a delegation contract is made to B.

Article 7 (Remuneration for Performance)

(a) Performance remuneration - Where the delegated affairs referred to in the special agreement have won success through judgment, judicial reconciliation or extra-judicial reconciliation (including decisions recommending reconciliation), mediation (including decisions in lieu of conciliation), etc., the contingent remuneration shall be paid according to the following classifications:

(1) In case of partial winning: An amount calculated by calculating the winning rate (excluding value-added tax) by the winning rate.

(b) If the winning is considered to have won: The following cases shall be considered to have won and the amount of contingent remuneration as provided for in the above paragraph (a):

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