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(영문) 수원지방법원 2020.08.18 2019나94533
수임료 반환
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

Facts of recognition

On February 27, 2006, the Plaintiff delegated the case to the Defendant for compensation for Dental damages filed against C, and paid the Defendant KRW 2,370,40,000 in total, including the attorney fees of KRW 2,00,000,00 and the stamp fees of KRW 370,40,00.

On March 7, 2006, the Plaintiff: (a) delegated the Defendant with the case of compensation for damages filed by E against F and G (hereinafter “instant damages lawsuit”); and (b) on March 7, 2006, paid the Defendant the sum of KRW 3,591,900, including attorney fees of KRW 3,000,000 and stamp fees, and service fees of KRW 591,90,00.

Upon the judgment of winning part of the Plaintiff E in the instant lawsuit for damages, G deposited KRW 27,931,528 in the future on September 2, 2013, and E paid all the above deposit.

On May 2006, the Plaintiff delegated the Suwon District Court's case of provisional disposition against the Defendant for the possession and prohibition of obstruction of real estate J (hereinafter "the instant application case") to the Defendant, and on April 24, 2006, paid the Defendant a total of KRW 300,400,000 as attorney fees, and KRW 300,40,00 as stamp fees, service fees, etc. on May 3, 2006.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, 6, 10 through 13 (including additional numbers), Eul evidence Nos. 1 through 4 (including additional numbers), and Eul evidence Nos. 1 through 4 (including additional numbers), the purport of the whole pleadings is that the plaintiff's assertion by the plaintiff as to the purport of the whole pleadings incurred material and mental damages to the plaintiff by cooperating with the plaintiff in receiving the deposit money of the lawsuit in this case, and thus, the defendant must return to the plaintiff as compensation for damages the amount of KRW 4,00,000 and the execution cost of KRW 1,

As the Defendant promised to substitute the fees for the instant case as the fees for the case on the merits, but did not proceed with the case on the merits, it shall refund KRW 3,000,000 to the Defendant.

Therefore, the defendant should pay to the plaintiff the total amount of KRW 8,893,600 (=4,000,000 won KRW 1,893,600) and damages for delay.

The defendant.

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