(영문) 의정부지방법원 2017.04.27 2016나60090

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(영문) 의정부지방법원 2017.04.27 2016나60090

성과보수료

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

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the parties' arguments;

A. Pursuant to the mediation clause of the Plaintiff’s delegation case, KRW 400,000,000 against D was extinguished as a set-off, and the Defendant paid KRW 400,000,000 against D’s claim amounting to KRW 890,000,000, which offsets claim amounting to KRW 400,000.

Therefore, the Defendant’s economic profit from the above adjustment amounting to KRW 890,00,00 (i.e., the amount of claim 490,000,000 as the offset of the amount of claim 490,000,000 which was paid pursuant to the adjustment clause (i.e., the amount of claim 40,000,000). Therefore, the Defendant is obligated to pay 62,30,000 (=890,000,000 x 7%) and the total amount of value-added tax 6,230,000 and damages for delay, which are equivalent to the amount of claim 49,00,000 which was extinguished by the offset of the amount of claim 490,00,000,000.

B. Defendant 1) The Defendant did not have entered into the instant contract with a law firm. G merely entered into the said contract on the place without the Defendant, and the Defendant did not delegate his authority to enter into the said contract to G. 2) Even if the instant contract was entered into between the Defendant and the law firm, the Defendant’s economic profit value in calculating the Plaintiff’s performance fee should be 490,000,000, which was actually paid by the Defendant pursuant to Article 3(4) of the Adjustment Clause.

In addition, in order to receive the above 490,000,000 won from D, the Defendant provided D and D’s co-owned real estate as collateral to obtain a loan from D financial institutions pursuant to the conciliation clause(7). The amount equivalent to the security value is 360,000,000 won.

Therefore, the economic gains accrued by the defendant from the mediation of the delegated case are not 890,000,000 won but 130,000,000 = 890,000,000 won.

참조조문

-민사소송법 제420조

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