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(영문) 서울중앙지방법원 2019.08.29 2019나5870
성공보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

Reasons

1. Basic facts

A. On January 8, 2010, the Defendant purchased D apartment E from C on January 8, 2010, and the Plaintiff was an attorney-at-law of F.

B. Around 2011, the Defendant entered into a litigation delegation agreement with the law firm F, which includes the following:

(hereinafter “instant delegation contract”). Article 1 (Scope of Acceptance) A (Defendant) delegates to B (Mandatary) the settlement of the following cases, and Section B accepts the instant delegation contract:

(1) The indication of the case: (a) the case of so-called D Apartment case (e.g. cancellation and termination of the sale contract, damage, and claim for restitution of unjust enrichment): the case's scope of acceptance: Article 3 (Remuneration) A of the first instance court litigation and the preservation litigation of the case shall pay B the remuneration and the costs of lawsuit as follows:

(i) the success fee of KRW 200,000 (including value added tax) (2) the contingent remuneration;

1.The amount calculated at the following rates by applying differential rates by economic gains value - below 5 per cent: 7 per cent of the economic gains (including surtax; hereinafter the same shall apply) - The economic gains value exceeding 5 per cent but not exceeding 10 per cent: 8 per cent of the economic gains value - the economic gains value exceeding 10 per cent but not exceeding 15 per cent of the parcelling-out price: 9 per cent of the economic gains value exceeding 15 per cent: 10 per cent of the economic gains value.

2. Time of payment: When money is received.

C. On February 1, 2013, the Plaintiff, an attorney at the Incheon District Court G et al. (hereinafter “related first instance case”), as an attorney at the law firm F, has filed a lawsuit on behalf of the Defendant and other buyers. On February 1, 2013, the said court rendered a favorable judgment in favor of some of the following: “A Co., Ltd. (hereinafter “C”) and H Co. (hereinafter “H”) rendered a judgment in favor of each of the Plaintiffs: (a) the amount of money equivalent to 12% of the sales price; and (b) the amount of money calculated at the rate of 5% per annum from December 22, 2012 to February 1, 2013; and (c) the amount of money calculated at the rate of 20% per annum from the next day to the date of full payment.

The judgment principal of the defendant was KRW 26,400,000, and the sale price was KRW 220,000,000.

The defendant in the appellate trial of the above case (Seoul High Court I).

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