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(영문) 서울중앙지방법원 2020.07.08 2019나64657
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

1. Facts of recognition;

A. On July 31, 2017, the Plaintiff, as the representative attorney at the “D Legal Office” located in Seocho-gu Seoul Metropolitan Government, entered into a delegation agreement with the Defendant (former name: E) on the obstruction of performance of official duties, and was paid KRW 6,600,000 from the Defendant.

The main contents of the delegation contract shall be as follows:

A: Defendant B: Article 6 (Advanced Payment) (1) of the D Law Office “A” shall pay B the following money in advance at the same time as the delegation contract is concluded:

If the payment of the agreed retainers is delayed for not less than seven days, Eul may terminate this delegation contract, and the already paid retainers shall revert to Eul (including value-added tax): 13,200,000 won. (2) With respect to the retainers under the above paragraph (1), Gap may not claim the return of the agreed retainers under the above paragraph (1) even if any other cause, such as withdrawal of litigation, withdrawal of appeal, settlement, death of the party concerned, dismissal, termination of delegation contract under Article 10, etc.

Article 7 (Public Official Fees) When delegated affairs are successful at the time of rendering rulings in the corresponding instance, the following amount shall be paid as contingent remuneration:

(Additional Value-Added Tax) No success: A half of the retainers of Article 15 (Matters under special agreement) shall be paid immediately after the conclusion of the contract, and the remainder shall be paid at the completion of the case.

However, Pursuant to the following circumstances, B will waive the balance of the start payment upon the termination of the instant case.

1. Where a sentence is imposed, but a party A requests the submission of a resignation system for B, the balance shall be promptly paid;

B. On June 28, 2018, the Cheongju District Court 2017 Highest 2831, against the Defendant, the case of obstruction of performance of official duties was sentenced to a two-year sentence of suspension of execution on October 28, 2018, and the case was finalized as it

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion;

A. Since the criminal case against the plaintiff was terminated, the defendant concluded with a special contract at the time of delegation agreement in accordance with the installment payment agreement.

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