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(영문) 울산지방법원 2018.11.08 2018나22619
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings in the statement No. 1, the following facts are recognized.

1) The Defendant is a Hyundai Motor Vehicle Co., Ltd. (hereinafter “Modern Motor Vehicle”).

) The Hyundai Motor Vehicle Irregular Branch of the Korean Franchis Federation affiliated with the Korean Franchis Federation (hereinafter “Non-regular Branch”) consisting of the workers belonging to C affiliated with C, a company affiliated with the company, and workers belonging to the company affiliated with the company affiliated with

(2) On December 22, 2014, the Plaintiff entered into a delegation agreement on each claim case, including confirmation of workers’ status of modern automobiles, with the Defendant and the retainer amounting to KRW 1.5 million (including value-added tax). The Plaintiff entered into a delegation agreement with respect to each claim case, by setting the contingent fee as “3% of the economic gains derived from the lawsuit (excluding value-added tax) in the event that delegated affairs succeed through judgment, judicial or extra-judicial mediation, etc., and 50,000 won (excluding value-added tax).”

(3) On January 5, 2015, the Plaintiff filed a lawsuit on behalf of the Defendant, etc. to verify the status of work (Seoul Central District Court 2015Gahap50700) on behalf of the Defendant, etc. (the instant case number indication is omitted).

Around March 2016, Hyundai Motor, which was pending in the lawsuit at issue, had been reconciliationd with a non-regular branch and non-judicial compromise, and the Plaintiff voluntarily withdrawn the lawsuit following the settlement of the above-mentioned extra-judicial compromise and was employed as a regular employee of the Hyundai Motor.

B. According to the above facts, it is reasonable to deem that the Defendant, who was employed as a full-time employee of modern automobiles through reconciliation, meets the conditions for the payment of the contingent fees stipulated in the instant contract for the delegation of lawsuit, barring any special circumstance, the Defendant is entitled to the Plaintiff to receive 50,000 won with the contingent fees higher than 3% of the economic benefits the Defendant acquired through the lawsuit pursuant to the instant contract for the delegation of lawsuit and the Plaintiff’

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