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(영문) 서울중앙지방법원 2016.07.22 2014가합590935
약정금
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 30, 2015 to July 22, 2016.

Reasons

Facts of recognition

(1) The Defendant shall pay 5,500,000 won (including value-added tax) to the Plaintiff simultaneously with the formation of the delegation contract in the instant case and the commencement and repair of Article 6 as a result of the delegation contract in the first instance trial.

Article 7 Successful Remuneration

(a) When the delegated duties of the contingent remuneration have successs in judgment, judicial or trial reconciliation (including recommendation of reconciliation), mediation (including decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:

(2) An amount equivalent to 4% of the value of economic benefits acquired by winning a prize (excluding value-added tax).

(b) Where it is deemed that a winning case has been won: it shall be considered that a winning case has been won, and it shall be paid the amount of contingent remuneration as provided in the above paragraph

① In a case where the other party to a lawsuit voluntarily waives a claim, withdraws a lawsuit, withdraws an appeal, or withdraws an appeal as a result of the plaintiff’s performance of a lawsuit (in a case where the other party reduces the purport of the claim or appeal for this reason, it shall be deemed that the reduced part has been successful) (3) in a case where an administrative disposition subject to a lawsuit has been ex officio cancelled or corrected as a result of the plaintiff’s performance of a lawsuit, and (4) in a case where the plaintiff has made considerable efforts to handle delegated affairs without justifiable grounds, and the defendant terminates the delegation contract without justifiable grounds, or the defendant has terminated the delegation contract under

C. Of the grounds of subparagraph 1 of the preceding paragraph, the Defendant’s waiver, withdrawal, acceptance, and withdrawal of a claim without any economic benefits or other benefits may adjust the contingent remuneration upon mutual agreement between the Plaintiff and the Defendant, taking into account the Plaintiff’s efforts and the progress of the work when the appeal is withdrawn.

On February 8, 2011, the defendant concluded a delegation contract on divorce, consolation money, and property division claim (the first instance court) against the plaintiff and the defendant against the husband C on February 8, 2011.

The following is the first instance court of this case:

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