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1. The Defendants jointly and severally against the Plaintiff KRW 100,000,000 and the Defendant A with respect thereto from October 22, 2013.
Reasons
1. Facts of recognition;
A. On September 14, 2012, C entered into a contract with the Defendants to delegate a lawsuit (hereinafter “instant delegation contract”) with the effect that the Defendant Company A (hereinafter “Defendant Company”) files a lawsuit against Hyundai Aluminium Co., Ltd. (hereinafter “Uluminium”) on behalf of the Defendant Company in a lawsuit related to D District Corporation, and agreed as follows.
13,200,000 won (including surtax) shall be paid at the same time as the conclusion of the delegation contract is made.
When delegated affairs have been successful through a judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the amount equivalent to 7% of the value of economic benefits (the reduced portion out of the amount claimed by the other party shall be stated to the other party, "the reduced portion out of the amount claimed by the other party" shall be written to the other party.) shall be paid as contingent remuneration.
B. On behalf of the Defendant Company, on February 27, 2013, a law firm filed a lawsuit seeking confirmation of existence of an obligation (Seoul Central District Court 2013Gahap15703, hereinafter “instant lawsuit”) with the effect that “The Defendant Company’s obligation for the prohibition of cost settlement pursuant to the agreement on April 8, 2011 against Hyundai aluminium is nonexistent.”
C. In the response to the instant lawsuit, Hyundai aluminium asserts that the settlement amount to be paid by the Defendant Company to Hyundai aluminium is KRW 4,203,791,674, and on August 23, 2013, the Defendant Company did not construct the preparatory documents as of August 23, 2013 and did not deduct the amount equivalent to KRW 2,200,000,000 for the remaining construction work instead of being sub-subcontract subcontracted by the Defendant Company, and the construction cost for the said remaining construction work is the cost to be paid from the Hyundai aluminium perspective regardless of who is executed by the Defendant Company and Hyundai aluminium.
4,203,791.