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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 13, 2017, the Plaintiff, an attorney-at-law, entered into a contract with the Defendant’s de facto marital spouse C, who was a de facto marital relationship, to cancel the Defendant’s contract with D and to delegate the Defendant’s claim for damages to the first instance court (hereinafter “instant delegation contract”). The main contents are as follows.
Article 2 (Limits of Delegation) of the main terms and conditions of the delegation contract of this case, the limitation of delegated affairs delegated by the defendant to the plaintiff shall be limited to the corresponding instance. Matters concerning incidental procedures, such as filing a case remanded or appeal, compulsory execution, suspension of compulsory execution, preservative measures, etc., shall be separately determined.
In cases of preservative measure cases, an objection or cancellation case shall be deemed a separate delegated business.
Article 6 (Advanced Payment) (1) The defendant shall pay 10,000,000 won (value-added tax separate by 10%) to the plaintiff simultaneously with the conclusion of the delegation contract.
Article 7 (Remuneration for Performance) When delegated affairs have success in a judgment, settlement of a trial or trial (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., remuneration for performance shall be paid according to the following classification:
An amount equivalent to 5% of the value of economic gains acquired by winning the contract (excluding value-added tax).
The Plaintiff filed a claim for damages against D on March 15, 2017 under the instant delegation contract with the Seoul Western District Court E (the amount claimed to KRW 742,860,00,000; hereinafter “relevant first instance court”), and on May 11, 2017, the Plaintiff was sentenced to the Defendant’s non-litigation judgment on May 11, 2017 by failing to submit a written response.
C. After that, D filed an appeal against the judgment of the first instance court related to the case around June 19, 2017, C and the Plaintiff sent and received the message to SNS in relation to subsequent procedures and delegation of authority to the appellate court. The key contents are as follows.
On July 5, 2017, C: A (referring to the plaintiff), A (referring to the plaintiff), and D petition of appeal, and the plaintiff must have filed a petition of appeal: if there is a petition of appeal, it can be done on the lower side of the unit of appeal.