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(영문) 서울중앙지방법원 2016.06.14 2015가단59076
수임료
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 60,500,000 and 20% per annum from March 6, 2015 to September 30, 2015.

Reasons

1. Determination on the cause of the claim

A. (1) On February 14, 2014, Defendant C entered into a contract to delegate a lawsuit on behalf of Defendant B as follows (Defendant C entered into a contract to delegate a lawsuit on behalf of the Plaintiff (the remainder of the following contracts on behalf of the Plaintiff was entered into on behalf of the Plaintiff). Defendant C jointly and severally guaranteed the obligation owed by Defendant B under the above delegation contract.

(A) Seoul High Court Decision 2014Na13466 (the District Court Decision 2013Gahap4965 case, the appellate court, the other party D, E, hereinafter “the first lawsuit”), the retainer amount of KRW 33 million (including value-added tax; hereinafter the same shall apply). The retainer amount shall be paid immediately on bank loans.

A separate consultation shall be held when a joint counsel is appointed.

(B) (B) the District Court 2014Na5056, the cases such as the verification of the right to passage over surrounding land (F. hereinafter “the other party’s lawsuit”) and 5.5 million won for the retainers

F. (C) Meanwhile, around April 2, 2014, the Plaintiff and the Defendants decided to appoint G attorney-at-law as the joint counsel in the first lawsuit of Seoul High Court, who is an attorney at the Daejeon Office of the Plaintiff, as the joint counsel in the first lawsuit of the Seoul High Court, and set the commencement amount as KRW 11 million.

(2) On October 24, 2014, Defendant B entered into a contract to delegate a lawsuit to the Plaintiff as follows, and Defendant C jointly and severally guaranteed the obligation to be borne by Defendant B under the said delegation contract.

Supreme Court Decision 2014Da22426 Decided the right to passage over surrounding land (the other party F, the Supreme Court on the appeal of the second lawsuit; hereinafter referred to as the "third lawsuit") and 5.5 million won in retainers

F. (3) On October 24, 2014, the Defendants entered into a contract with the Government District Court 2014Kahap5486 (hereinafter “the other Party Co., Ltd.”) on the delegation of a lawsuit with the agreed amount of KRW 5,500,000,000,000 to the Plaintiff.

(4) The Plaintiff’s attorney-at-law, the Plaintiff’s attorney-at-law submitted a document and evidence as the agent of each of the above lawsuits, and participated in the pleading. G is examined as the witness of the first lawsuit on July 24, 2014.

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