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(영문) 수원지방법원 안양지원 2018.10.10 2017가단124738
약정금
Text

1. The Defendant’s KRW 47,00,000 as well as 10% per annum from June 12, 2015 to November 13, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around June 2014, the Defendant agreed to acquire the claim of KRW 470,000,000 for only development of the corporation (hereinafter “only development”), instead of performing the obligation of C and C, and decided to delegate the said affairs to the Plaintiff, an attorney-at-law introduced by C, who was an attorney-at-law.

Article 6 (Advanced Payment) (1) A shall pay 5,500,000 won (including value-added tax) for the starting fee at the same time as the delegation contract is concluded.

(2) The commencement and remuneration under paragraph (1) shall, in principle, not be claimed by A in cases of a party's partial filing or withdrawal of a lawsuit, waiver or withdrawal of a claim, waiver or recognition of a claim, settlement in a lawsuit, conciliation, transfer of a subject matter of lawsuit, death of the party, etc. after the commencement of delegated affairs, such as research, investigation, preparation of a document, etc. on delegated affairs by B, and where necessary, it may be adjusted under consultation with A in consultation with B.

Article 7 (Remuneration)

Performance fees: Article 8 (Liability for Expenses) (1) of the separate Arrangement 1) A shall bear the full amount of the stamp fee, delivery fee, appraisal fee, prepayment, deposit, deposit, animal feed, travel expenses, and other necessary expenses necessary for performing the delegated affairs by Section B.

(2) A shall deposit any source that is prohibited from being appropriated for expenses under paragraph (1).

The contingent fees under Article 7 (1) shall be paid 10% of the amount quoted in the judgment, and the additional tax shall be set aside separately.

(2) The preceding paragraph shall also apply to mediation or compromise.

(3) The time of payment under paragraph (1) shall be determined by the time of rendering a judgment, and if such payment is delayed, the interest for arrears of ten percent per annum shall be paid.

(4) The amount under paragraph (1) shall be paid first in cases where a mandator actually executes.

B. Accordingly, on June 14, 2014, the Defendant delegated the instant delegation contract to the Plaintiff for the first instance court (including provisional seizure) of the lawsuit claiming the acquisition amount against the Plaintiff for full-time development (hereinafter “instant delegation contract”).

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