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(영문) 서울남부지방법원 2015.05.14 2014나12343
보수금
Text

1. The defendant's appeal is dismissed.

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

3.Paragraph 1 of the text of the judgment of the court of first instance.

Reasons

1. Facts of recognition;

A. On December 2, 2013, the Plaintiff (designated parties; hereinafter “Plaintiffs”) and the designated parties B (hereinafter referred to as “Plaintiffs”) agreed to receive KRW 6 million (value-added tax separate) from the retainers upon entering into a contract with the Defendant for delegation of litigation affairs in the case of loans with Seoul High Court (Seoul High Court) around December 2, 2013.

(hereinafter “instant delegation contract”). (b)

The Plaintiffs submitted a letter of delegation on December 2, 2013 upon the Defendant’s request that the documents be submitted first prior to the remittance of the advance payment. On December 4, 2013, the Plaintiffs submitted a written reply to the Defendant’s statement of grounds for appeal against the other party to the lawsuit and a written application for correction of the indication of the party following the change of the Defendant’s representative director. The Plaintiffs appeared and testified on January 14, 2014.

C. However, on January 28, 2014, the Defendant notified the Plaintiffs that the instant delegation agreement will be terminated, and on February 26, 2014, submitted a written dismissal of the Plaintiffs’ legal representative to the said court.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 18 (including provisional number), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to pay the plaintiffs 6,600,000 won under the title of the retainer payment under the delegation contract of this case (=6,000,000 + value added tax 600,000) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 14, 2014 to the date of full payment, as the plaintiff seeks.

3. Accordingly, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, but the plaintiff (appointed party) in the disposition of the judgment of the court of first instance is "the plaintiff (appointed party)".

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