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(영문) 서울중앙지방법원 2018.05.23 2017나80112
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

A. On August 22, 2000, the Defendant completed the registration of ownership transfer with respect to co-ownership shares and above-ground sections of Dongdaemun-gu Seoul (hereinafter “instant land 1”).

B. On August 13, 2014, as the owner of Dongdaemun-gu Seoul Metropolitan Government Group 1,840 square meters (hereinafter “instant land”) adjacent to the instant land, Hanil L&C Co., Ltd (hereinafter “Korea L&S”) filed a lawsuit seeking the transfer of land against the Defendant and 26 persons, the Seoul Northern District Court 2014Gadan120154 on the part of the instant land No. 1,2,3,4,4,5,6, and 50.7 square meters of the portion inside the instant land among the instant land No. 2 (hereinafter “instant land”).

C. On September 29, 2014, the Plaintiff entered into a delegation contract with the Defendant on behalf of the said land delivery case (hereinafter “instant delegation contract”) and received KRW 10 million from the Defendant as the retainer fee on the same day.

Article 7 (1) of the delegation contract of this case shall pay the contingent remuneration in accordance with the following classifications, when delegated affairs have succeeded to a settlement (including a recommendation of reconciliation), mediation (including a substitute decision in lieu of mediation), etc. with respect to performance remuneration:

1. All winning the case: 30,000,000 won (including value-added tax);

2. Partial winning (including partial winning of the land used for an emergency exit): 20,000,000 won (including value-added tax) is stipulated as “the land used for an emergency exit”. The phrase “land used for an emergency exit stairs” refers to the part on the ship which connects each point of the attached Form No. 2, 3, 4, and 5 among the land in the instant case, as the land with an outdoor emergency stairs connected to the second floor of the land in the instant case (hereinafter “the land used for an emergency exit”). Article 2(2) of the instant delegation contract refers to the case where “the Defendant is determined at the next instance regardless of the lawsuit in the subsequent instance when the suit in question is concluded.”

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