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(영문) 서울중앙지방법원 2016.10.19 2016가합549474
기타(금전)
Text

1. The Defendant’s KRW 233,616,544 as well as 5% per annum from May 13, 2016 to October 19, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 3, 2013, the Plaintiff entered into a delegation contract with the Defendant as an attorney-at-law, and on February 6, 2015, the Defendant’s trade name changed from the “Temporary Industry Development Corporation of the Company,” to the “Temporary Industry Development of the Company,” and, at the same time, the period before and after the mutual change was combined, “Defendant”. The Plaintiff entered into a delegation contract (hereinafter “instant delegation contract”) with the Defendant to act as an agent for the Defendant in the first instance court of the damages claim case brought against Nonparty 5 (hereinafter “instant lawsuit”).

The main contents of the instant delegation agreement are as follows.

[Agreement] A claim for damages: The defendant himself/herself agrees to delegate his/her legal representative affairs to Does and to comply with the following matters to Doese of the first instance court concerning the above case:

Article 1 (Conferment of Authority) In order to carry out the above agency affairs, the authority stated in the separate Delegation of Litigation shall be conferred to you.

Article 2 (Advanced Payment) 7,000,000 won (for litigation costs, separate fees and additional taxes) shall be paid to He.

except that this commencement shall not be requested for the return even if the delegation has been cancelled or any other cause has occurred.

III.(Expenses)The stamp fees, service charges, expenses for record keeping, verification and appraisal, witness's daily allowance, travel expenses, guarantee deposit, execution expenses and other costs of lawsuit necessary for the handling of delegated affairs shall be paid immediately as requested by you.

Article 6 (Cases to be Considered as one of the winnings) In the following cases, the success fees prescribed in paragraph (1) of the preceding Article shall be considered as all of the winnings:

(1) When the principal voluntarily waives or recognizes a claim, compromises, withdraws of a lawsuit, withdraws or waives an appeal, or has consented to the other party’s appeal or withdrawal of an appeal.

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