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(영문) 서울중앙지방법원 2018.08.22 2018가단5007620
변호사보수금
Text

1. The Defendant shall pay to the Plaintiff KRW 80,980,900 and the interest rate of KRW 15% per annum from December 19, 2017 to the day of full payment.

Reasons

Basic Facts

On February 2, 2015, the Plaintiff concluded a delegation contract with the Defendant on behalf of the Plaintiff with respect to divorce and claim for division of property, and preservative measures such as provisional seizure against C, the Plaintiff agreed to pay 7% of the economic profit (excluding value-added tax), including property division and consolation money, which the client gains through divorce litigation, due to a favorable judgment or a court’s conciliation decision, etc., and the amount of retainers shall be the sum of KRW 3,000,000 and KRW 5,000,000 (value-added tax separate).

(hereinafter “instant delegation contract”). In addition, the Defendant: (a) prepared a separate letter (Evidence A 3) and entered into an agreement that “The Defendant shall not voluntarily withdraw from the middle after the institution of a divorce lawsuit; (b) shall be dealt with by the court’s conciliation or settlement process even if the lawsuit is concluded by mutual agreement; and (c) if the principal renounces a judgment in the middle or voluntarily withdraws a divorce lawsuit for any reason, the amount of award on the application for provisional attachment shall be deemed the amount that can be acquired by the principal’s consolation money and the division of property, and shall pay the attorney’s fees accordingly.”

(2) On May 13, 2015, the Plaintiff filed a lawsuit seeking a divorce and consolation money of KRW 50,000,000 with the Seoul Family Court (Seoul Family Court 2015 business group306) and the Seoul Family Court 2015Dhap34963 on May 15, 2017, and filed a lawsuit claiming a divorce and consolation money of KRW 50,000,000, property division of KRW 1,50,000,000,000,000 on behalf of the Defendant under the instant delegation agreement.

(hereinafter “instant divorce lawsuit”). The instant divorce lawsuit was brought before the conciliation procedure, and is again brought to the principal trial on the merits.

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