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(영문) 수원지방법원 2020.07.16 2019나5793
약정금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport:

Reasons

1. (1) On April 18, 2017, the Defendant entered into the instant delegation agreement with the Plaintiff, F, G, H (hereinafter referred to as the “Plaintiff, etc.”) and the Plaintiff, etc. as his/her legal representative, in order to file a lawsuit of divorce and consolation money against D, which had been a legal spouse at the time, and file an application of provisional attachment against D’s property, on April 18, 2017, for which the Defendant appointed the Plaintiff, F, G, H (hereinafter referred to as “four persons”).

Article 6 (Advanced Remuneration) (1) A shall pay 2750,000 won (including value-added tax) to B simultaneously with the formation of a delegation contract.

Article 7 (Remuneration for Performance)

(a) Where the performance-based remuneration (the details of self-taxation shall be prescribed by a special agreement) has been successful in a judgment, settlement outside a trial, agreement, mediation (including a decision in lieu of mediation), etc., the performance-based remuneration shall be paid according to the following classification:

(1) Special agreement (excluding value-added tax) equivalent to five percent of the economic benefit accrued from the performance of a lawsuit:

2. 5% of the amount to be received as consolation money and division of property shall be the contingent remuneration;

(2) The instant contract (Evidence A) provides for the remuneration of the Plaintiff, etc. as follows (the Defendant, B, and the Plaintiff, etc.). On April 18, 2017, the date of the instant contract, the Defendant paid KRW 2750,000 to the Plaintiff, etc. as the retainer fee.

(3) Under the instant contract, the Plaintiff et al. filed a lawsuit seeking divorce, consolation money, and division of property against D on May 12, 2017 (U.S. District Court I; hereinafter “the instant divorce lawsuit”). The Plaintiff et al. filed an application for provisional attachment against D’s real estate with the right to claim division of property due to divorce as preserved right.

(J) (4) The Suwon District Court made a decision of acceptance on May 19, 2017 on the provisional seizure case of the above real estate, and the divorce lawsuit of this case is divorced between the defendant and D on January 28, 2018, and (2) D pays a property division of KRW 80 million to the defendant, and Pyeongtaek-si K.

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