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(영문) 서울중앙지방법원 2016.04.07 2014가합53771
손해배상(기)
Text

1. The Plaintiff:

A. As to the Defendant’s general law firm’s members, KRW 114,624,760 and KRW 106,924,760 among them, the Defendant’s general law firm shall be deemed to have been established.

Reasons

1. Basic facts

A. D filed an application for the instant payment order against E, who is the Plaintiff’s ASEAN, stating that “E shall pay D 10,000,000 won per annum from the day following the day when the original copy of the payment order was served to D, and KRW 73,900 per annum from the day after the day when the original copy of the payment order was served to D to the day of complete payment, and KRW 73,900 per annum for demand procedure (hereinafter “instant payment order”). “E did not object to the delivery of the above original copy of the payment order, and thereby, the instant payment order became final and conclusive.”

B. On May 15, 2014, the Plaintiff consulted with Defendant C, an attorney-at-law of the Defendant Incorporated Law Firm (hereinafter “Defendant Corporation”), and entered into a lawsuit of objection against the instant payment order with the Defendant Corporation, and entered into a contract of delegation of a lawsuit to apply for the suspension of compulsory execution (hereinafter “instant delegation contract”). The main contents are as follows.

The parties E to the case name E to whom the subject of the case is suspended and the objection is raised shall conclude the delegation contract concerning the handling of the case in the first instance of the display case as follows:

[Purpose] Article 1 [Purpose] The Plaintiff shall delegate the management of the above indicated cases (hereinafter referred to as "entrusted affairs") to the Defendant corporation, and the Defendant corporation shall accept such delegation.

Article 4 [Mandatary's Duties] The defendant corporation shall manage the entrusted affairs in accordance with the terms and conditions of delegation, on the basis of the rights and obligations prescribed by Acts and subordinate statutes as an attorney-at-law.

Article 6 [Attachment Remuneration] (1) The plaintiff shall pay 7,700,000 won (including value-added tax) to the defendant corporation at the same time as the conclusion of the delegation contract is made.

(2) After a defendant corporation commences delegated affairs, such as research, investigation, preparation in writing, etc. on delegated affairs, the part or withdrawal of a lawsuit by a party, waiver or withdrawal of a claim, waiver of a claim, recognition and recognition, compromise in litigation, due to a cause not attributable to the defendant corporation, after the commencement of entrusted affairs.

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