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(영문) 서울중앙지방법원 2017.04.18 2016가단5279414
약정금
Text

1. The Defendant’s KRW 40,000,000 as well as the annual rate of KRW 5% from August 21, 2015 to October 28, 2016, and the next day.

Reasons

1. Basic facts

A. A. Around April 2013, the Defendant entered into a delegation agreement with the Plaintiff on the part of the first instance court and the first instance court litigation: (a) around November 2, 2013, with respect to the inherited property division case filed by the Defendant and B against the Defendant and B, and the contributory portion brought by C against the Defendant and B (the first instance court), a delegation agreement with the amount of KRW 5 million (in addition to value-added tax), a contingent fee of KRW 20 million; and (b) the Plaintiff paid KRW 5,50,000 (including value-added tax) with respect to the first instance case. (c) In accordance with the delegation agreement with the first instance court, the Plaintiff submitted a letter of delegation on behalf of the Defendant on April 26, 2012, and submitted a preparatory document on June 2013, 2013, including the date of conciliation and the date of examination on behalf of the Defendant and the date of filing a lawsuit on May 26, 2013.

3) On September 29, 2014, the court of first instance rendered a judgment with the following contents. On September 29, 2014, the other party’s claim for the contributory portion is dismissed. On February 2, 201, the inherited property indicated in the separate sheet No. 1 is divided as follows. (a) The claimant (the other party to the case) owns the real property listed in the separate sheet No. 1, 3, and 7. (c) The claimant (the other party to the case) owns the shares listed in the separate sheet No. 8. 3. B, the claimant (the other party to the case) B, the claimant (the other party to the case) and the other party (the other party to the case) are 247,059, 222 won, and the other party (the claimant to the case) are 597,97, 5067 won and each of the above amounts, and the Seoul High Court delegated the contributory portion case No. 1, 21251,241,263.

2) As to the case of the Plaintiff and the second instance on December 2014, the Defendant has the value-added tax of KRW 5 million (excluding value-added tax).

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