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(영문) 서울중앙지방법원 2020.11.25 2020가단5025461
기타(금전)
Text

1. The defendant's KRW 13,750,00 for the plaintiff and KRW 5% per annum from January 17, 2020 to November 25, 2020 for the plaintiff.

Reasons

1. Basic facts

A. On October 2018, the Defendant concluded the instant delegation contract with the Plaintiff (hereinafter “instant delegation contract”) with the following content.

The mandator A: The client, such as a voluntary auction application, etc., for the plaintiff's case: the defendant: the defendant: D above parties enter into a delegation contract concerning the voluntary auction application for the above indicated case, the first instance court of the claim for the borrowed amount, and the settlement of the case in compulsory execution as follows:

Article 6 (Advanced Payment) (1) The defendant shall pay to the plaintiff KRW 38,500,000 (including value-added tax) with the starting fees at the same time as the delegation contract is concluded.

④ In the event that the Defendant and the Plaintiff terminate the delegation contract by agreement or the Plaintiff terminates the delegation contract due to inevitable reasons, the amount calculated by multiplying the Plaintiff’s attorney-at-law and professional assistants by the hourly fee rate set by the Defendant at the time of all the hours (including the hours of research conducted for counseling) worked for the Defendant by the Plaintiff’s attorney-at-law and professional assistants, shall be refunded if any, to the remainder.

Article 7 (Remuneration for Performance)

(2) Where it is deemed that the plaintiff won the case, ① the defendant has voluntarily renounced or recognized a claim, withdrawn a lawsuit, or withdrawn an appeal after the plaintiff has invested considerable efforts for the handling of delegated affairs. ④ Where the defendant terminates the delegation contract without justifiable grounds, or the plaintiff terminates the delegation contract pursuant to Article 9.

(d) Specific details of contingent remuneration shall be stipulated by a special agreement;

Article 8 (Bearing Expenses) (1) The full amount of the stamp fee, delivery fee, appraisal fee, prepayment fee, deposit, animal feed, travel expenses, and other actual expenses necessary for the plaintiff to handle the delegated affairs shall be borne by the defendant.

(2) There shall be no deposit.

A special agreement - The defendant shall pay dividends by means of voluntary auction and compulsory execution after winning the lawsuit on the merits.

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