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(영문) 울산지방법원 2017.04.14 2016가단17414
약정금
Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from July 21, 2016 to April 14, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On August 26, 2015, the Plaintiff and the Defendant concluded a delegation contract (hereinafter “instant delegation contract”) with the Ulsan District Court 2015Dhap1199 divorce, etc. (hereinafter “instant divorce principal lawsuit”) against the Defendant, and the main contents thereof are as follows.

Article 6 (Advanced Remuneration) (1) A (hereinafter “Defendant” in this case) shall pay gold million won (value-added tax) as a starting remuneration, simultaneously with the formation of a delegation contract with B (hereinafter “Plaintiff”).

Article 7 (Voluntary Remuneration)

(a) When the delegated affairs of contingent remuneration have won success in judgment, judicial or judicial reconciliation (including recommendation of reconciliation), mediation (including decision in lieu of mediation), etc., the contingent remuneration (including value-added tax) shall be paid in accordance with the following classification:

(2) Partial winning: An amount equivalent to 7% of the value of economic benefits acquired by winning a prize.

B. On September 1, 2015, the Plaintiff submitted a letter of delegation of a lawsuit pursuant to the instant delegation agreement, and on behalf of the Defendant, filed a lawsuit claiming divorce, etc. (hereinafter “instant counterclaim for divorce”). On September 8, 2015, the Ulsan District Court 2015Dhap1243 against C as a counterclaim for divorce, etc. (hereinafter “instant counterclaim for divorce”).

C. C sought the payment of KRW 50,000,000 and KRW 300,000,000,000,000 in the original complaint, but around December 17, 2015, C revised the purport and cause of the claim by seeking “a divorce claim and KRW 50,000,000 and KRW 451,728,463”.

On June 7, 2016, the principal lawsuit and counterclaim of the instant divorce were concluded with the following content.

1. C and the defendant shall be divorced.

2. C and the Defendant agree on the division of property as follows.

By July 31, 2016, the defendant shall implement the registration procedure for transfer of ownership based on the division of property on the attached list (Da apartment No. 104, 1403, Yangsan-si) by July 31, 2016, to C.

However, on July 31, 2016, the defendant.

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