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(영문) 수원지방법원 2020.06.05 2019나72823
약정금
Text

1. The plaintiff's appeal is all 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

1. The reasoning for this part of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment of the court of first instance. Thus, this part of the reasoning is cited in accordance with the main sentence of Article

2. As to the lawsuit of the first instance related to the Plaintiff’s assertion, the conditions for the payment of the contingent fee under each contract for delegation of a lawsuit concluded between the Plaintiff and the Deceased, etc. (hereinafter “instant delegation contract”), the Deceased, etc. is obligated to pay the Plaintiff the “amount equivalent to 10% of the value of economic benefits acquired in favor of the Plaintiff,” which is the contingent fee as stipulated in the instant delegation contract. The Deceased, etc. is merely obligated to pay only KRW 10 million out of the aforementioned contingent fee.

Therefore, Defendant C, D, and E (hereinafter “the deceased’s heir”) as the deceased’s heir, and the remaining Defendants seek for payment of money according to the Defendants’ respective co-ownership and inheritance ratio under the premise that the deceased’s heir does not succeed to the partnership relationship between the deceased, Defendant F, and G, under the delegation contract of this case, on the premise that the deceased’s heir does not succeed to the partnership relationship, as to each real estate listed in the separate sheet Nos. 1 and 2, which are listed in the separate sheet Nos. 3 and 4, the deceased’s heir inherited the deceased’s co-ownership, and thus, the Defendants’ co-ownership and inheritance ratio are sought against the Plaintiff.

each such payment shall be made in accordance with this subsection.

3. The plaintiff's primary and conjunctive claims are all seeking the payment of contingent remuneration under the delegation contract of this case, and the cause and issue of the claim are substantially the same, and they are judged together without distinguishing them.

Facts of recognition

The types of evidence Nos. 4 through 7, and Nos. 1 and 2 are numbers.

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