logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.12.28 2014나41713
약정금등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. 1) Plaintiff A is an attorney-at-law affiliated with Seoul Bar Association, and Plaintiff B is partially transferred the right to contingent fees from Plaintiff A. 2) The Defendant is the person who requested the Plaintiff to divorce with Nonparty D and to divide the property.

B. On August 2010, Plaintiff A entered into a delegation contract and paid advance payment. A is a delegation contract between the Defendant and the Defendant on behalf of the Defendant for divorce litigation (hereinafter “instant delegation contract”).

(2) The Plaintiff entered into a contract with respect to the amount of remuneration (hereinafter referred to as “instant remuneration clause”).

Article 6 (Advance Payment) (1) The defendant shall pay the plaintiff A an amount of five million won in advance at the time when a delegation contract is concluded (excluding value-added tax). (2) The defendant shall not claim for return of the retainer payment under paragraph (1) in any event, such as withdrawal of litigation, withdrawal of appeal, settlement of parties, death or dismissal of parties, cancellation of delegation contract under Article 10, etc.

1. For civil cases, etc.:

(a) Where a person has won the whole amount, he/she shall pay the amount of the successful remuneration;

(Separate Table of Value-Added Tax)

(b) In cases of partial winning or compromise, an amount equivalent to the percentage of the won or the winning amount shall be paid with the contingent remuneration.

(Separate Table of Value-Added Tax)

2. In the case of a criminal case - In the case of omitted - Article 8 (if considered to be sexually official), the success shall be considered to be all or a part of the success and the maximum amount of the contingent remuneration prescribed in Article 7 shall

1. Where the defendant voluntarily waives or recognizes a claim, compromises, withdraws of a lawsuit, withdraws or waives an appeal, or consents to the withdrawal of a lawsuit by the other party;

2. The plaintiff A, as the defendant did not perform his duty under this delegation agreement or made a false statement.

arrow