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(영문) 수원지방법원성남지원 2020.11.27 2020가단214236
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion was that the Defendant concluded a delegation contract with the Defendant in lieu of the defect repair of apartment houses filed by the Seoul Central District Court 2016Kahap5362 (principal suit) against E, etc., and concluded the lawsuit and subsequently rendered a judgment in favor of the said court to order the Defendant to pay KRW 244,614,00 in lieu of the defect repair.

According to the delegation contract between the Plaintiff and the Defendant, the Defendant agreed to pay 23% of the above judgment amount to the Plaintiff as the successful remuneration. As such, the Defendant is obligated to pay the Plaintiff the contingent remuneration, the retainer fee, and the litigation cost and technical advisory fee paid by the Plaintiff on behalf of the Defendant.

The amount claimed (including value-added tax) KRW 79,648,160,814,866 of the contingent fees (including the amount claimed) for non-payment of KRW 5,500 (including value-added tax) x 23% stamp fee, service fee of KRW 884,100 x additional stamp fee of KRW 170,700 for technical advisory fees of KRW 33,000 for litigation costs of KRW 147,802,960 for the Plaintiff paid to the advisory company

2. According to each of the records in Gap evidence Nos. 1, 2, and 4 (including paper numbers), the defendant entered into a delegation contract (hereinafter "the contract in this case") with the law firm B and the defendant, etc. on October 10, 2016, on the part of the defendant, on the part of the defendant, on the part of the Seoul Central District Court 2016Gahap56352, on the part of the defendant, on the part of the defendant, on the part of the defendant, on the part of the defendant, on the part of the defect repair of the apartment (hereinafter "the lawsuit in this case"). Eul paid the court stamp, delivery fee, court appraisal fee, etc. for the execution of the lawsuit in this case, and the court in the lawsuit in this case shall jointly and severally pay the technical advisory fee to the defendant on September 5, 2019 in lieu of the defect repair of the apartment house.

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