(영문) 서울중앙지방법원 2015.10.27 2014나54488

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.10.27 2014나54488

보수금

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. An objection to the trial;

Reasons

1. Facts of recognition;

A. The Plaintiff is an attorney-at-law belonging to the Seoul Local Bar Association.

(2) On February 28, 2013, the Defendant was the husband C to file a claim for divorce, etc. (hereinafter “Defendant’s divorce case”) with the Suwon District Court 2013Ddan3252, and entered into a contract with the Plaintiff by proxy (hereinafter “instant delegation contract”).

B. (1) Around July 2013, the Defendant found the Plaintiff’s office to conclude the instant litigation delegation contract and paid 100,000 won for consultation on the Defendant’s divorce case.

(2) The Plaintiff and the Defendant concluded the instant delegation contract on July 11, 2013.

Of them, the contents of the provisions related to the remuneration (hereinafter “instant remuneration provisions”) are as follows:

(F) The part in writing shall be written by hand). Article 5 (Remuneration) 1) A (Defendant) shall be paid the following remuneration:

(2) The retainer shall be paid as remuneration for the commencement of delegated affairs simultaneously with the formation of a delegation contract, and the contingent remuneration shall be paid when the whole or part of the entrusted affairs is successful.

(3) The meaning of “inward” means the case where “A,” regardless of form, such as conciliation (including a decision in lieu of conciliation), reconciliation (including a decision in lieu of conciliation), judgment (including a recommendation decision), and agreement outside a lawsuit, has partially or fully achieved the purpose requested by A, in the case of winning the successful remuneration (including additional tax) on July 11, 2013 (including the reduction of the Plaintiff’s claim) (including the reduction of the Plaintiff’s claim), the amount reduced by the Plaintiff’s claim.

(4) "The winning price" means the economic benefit (the value of cash or goods) acquired by A on the grounds referred to in the above paragraph (3), and includes the principal, interest, and delay damages.

(3) The Defendant paid KRW 7,600,000 to the Plaintiff on the same day.

C. The progress of the defendant's divorce case (1) C

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