logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.05.02 2017가합26854
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. From around 2012, the Defendant concluded a delegation contract for each of the instant cases listed in the separate sheet (hereinafter “each of the instant lawsuits”) with C or D, an attorney-at-law, and C represented the Defendant in each of the instant lawsuits.

B. On June 14, 2017, C entered into an agreement on the transfer of claims for appointment fees of KRW 335,228,476 against the Defendant to the Plaintiff, his/her wife, and notified the Defendant of the transfer of claims on June 15, 2017.

In addition, on July 12, 2018, D entered into an agreement on the assignment of claims to the Plaintiff, which transfers the Defendant’s claim for appointment fee of KRW 335,228,476, and notified the Defendant of the assignment of claims on the same day.

(hereinafter referred to as "transfer of claims in this case" in total of C and D claims, . [Grounds for recognition] without dispute, entry of Gap evidence Nos. 2 through 4, 7, 8, 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. C, a summary of the claim of the Plaintiff, entered into a contract for the delegation of a lawsuit with the Defendant, drafted a civil agreement (Evidence 1-1) and a special agreement (Evidence 1-2).

According to the above, the starting amount is KRW 3 million for each case, and the success fee is 20% for the economic profit acquired by winning (However, the transfer of ownership claim is KRW 5 million for the starting amount, the contingent fee is KRW 30 million), and the defendant is obliged to pay the starting amount and the contingent fee totaling KRW 328,512,674 for the completion of each lawsuit in this case and the delay damages therefor to the plaintiff as the transferee of the claim.

3. Judgment on the main defense of this case

A. Since the assignment of claims by the Defendant’s assertion is null and void as a litigation trust with the main purpose of enabling litigation, the instant lawsuit shall be dismissed as unlawful.

B. Where the assignment of claims is made with the main purpose of having the judgment 1-related legal principles procedural acts, the assignment of claims constitutes a trust under the Trust Act.

arrow