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(영문) 광주고등법원 2018.12.21 2018나23055
약정금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is reasonable and acceptable.

2. As to the assertion made by this court, the plaintiff asserts that the contract success fee of one billion won shall not be reduced in light of the principle of freedom of contract, etc., and the defendant asserts that since the contract success fee is unfairly excessive, it is against the principle of trust and good faith or the principle of equity, the defendant should be reduced within 2% of the economic profit gained from the contract acquisition fee lawsuit.

However, according to the circumstances of the judgment of the court of first instance cited earlier, such as the fact that the principal reason for winning a lawsuit seeking acquisition money was only because C, the plaintiff of the lawsuit, failed to sufficiently prove the fact about the cause of the claim, and that it is reasonable to determine that the court of first instance reduced the amount of KRW 300 million on the ground that the contingent fees unfairly excessive, violates the principle of trust and good faith and the principle of equity, and it is difficult to change even if all the evidence submitted to this court are collected

All the plaintiff and defendant's arguments are not accepted.

3. Conclusion, the first instance judgment is justifiable.

All appeals filed by the plaintiff and the defendant are dismissed for lack of reason.

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