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(영문) 서울중앙지방법원 2018.09.19 2018나21257
약정금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Facts of recognition;

A. On August 13, 2010, the Defendant entered into a contract for the delegation of a lawsuit in a related case (hereinafter “instant contract”) with the Plaintiff, an attorney-at-law, around January 29, 2016, in order to file a lawsuit for divorce, designation of a person with parental authority and a person with custody of the principal of the instant case against C (hereinafter “related case”).

The main contents of the instant contract relating to the instant case are as follows.

I conclude a delegation contract between the client (Defendant) and the mandatary (Plaintiff) as follows:

I agree to delegate to you the agency work for litigation of the first instance court with respect to the above case and to comply with the following matters:

Article 2 (Advanced Payment) The daily amount of KRW 10,000 (Separate 10% of the value-added tax) shall be paid to Ha with the retainer of delegated affairs.

However, the retainers shall not be requested for a return even if there is a cancellation of delegation or any other cause.

Article 5 (Remuneration for Good Faith) When delegated affairs are successful, the success fee shall be paid immediately in accordance with the following classification:

If parental authority or right of custody is granted, only KRW 0 million;

B. On March 28, 2016, the Plaintiff filed a lawsuit against C on March 28, 2016, and proceeded with the relevant case (Seoul Family Court 2016Dhap33202), and on August 30, 2017, the Plaintiff rendered a judgment including “the Defendant and C are divorced. The Defendant and C jointly designate the Defendant and C as the person with parental authority, and designate the Plaintiff as the person with parental authority of the principal of the case,” and the said judgment became final and conclusive as is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, Eul evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings

2. At the time when the Plaintiff’s assertion and the Defendant entered into the instant contract, if the Defendant was designated as the principal of the instant case, the Defendant shall be deemed to have won the contract.

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