(영문) 대구지방법원 2018.11.15 2018가단2322

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(영문) 대구지방법원 2018.11.15 2018가단2322

약정금

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1. The Defendant’s KRW 25,090,00 for the Plaintiff and the following: 5% per annum from February 24, 2018 to November 15, 2018.

Reasons

1. Facts of recognition;

A. On May 18, 2015, the Defendant entered into a litigation delegation contract with D, an affiliated attorney of the Plaintiff law firm, for the purpose of filing a lawsuit claiming consolation money and division of property against C due to failure in a de facto marital relationship from September 2008 (hereinafter “instant delegation contract”).

B. According to the delegation contract of this case prepared by the Plaintiff and the Defendant at the time of concluding the delegation contract of this case, the retainer fee shall be KRW 3.3 million. The contingent remuneration shall be 10% of the amount the Defendant received and 5% of the amount the other party claims reduced.

C. According to the instant delegation contract, the Plaintiff filed a lawsuit with the Daegu Family Court (2015Ddan103960) on June 10, 2015, seeking payment of consolation money of KRW 30 million and damages for delay from the day following the delivery of a copy of the complaint, on the ground that de facto marital relationship between the Defendant and C has ceased to exist due to the failure of C’s responsibility.

As of July 16, 2015, C submitted a written reply disputing the Defendant that he/she is responsible for the failure of a de facto marital relationship as of July 16, 2015, and filed a counterclaim against the Defendant as of October 7, 2015, under which C filed a property division of 1 billion won, 68.9 million won, consolation money of 30 million won, and damages for delay from the day following the delivery of a copy of the counterclaim against each of the above amounts.

(2) On April 7, 2016, the Defendant also filed an application for modification of the purport of the claim against C to seek property division of KRW 220 million and damages for delay from the following day after the final and conclusive date of the judgment on the lawsuit filed under the name of the Defendant and the lawsuit filed by C (hereinafter “instant divorce lawsuit”). The Defendant also filed an application for modification of the purport of the claim against C on April 7, 2016.

1. The Defendant (Counterclaim Plaintiff) is the Plaintiff.

유사 판례

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-서울중앙지방법원 2018.01.31 2016나35481

-서울고등법원 2019.04.18 2019나106