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(영문) 대전지방법원천안지원 2019.04.10 2018가단111980
약정금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 3, 1990, the Plaintiff completed the registration of a lawyer with the C organization and was working as an attorney-at-law. 2) The Defendant filed a lawsuit against F and E Hospital G operating the Daejeon District Court for the claim for damages (hereinafter referred to as “related medical case”) against D (hereinafter referred to as “the Plaintiff”) on or around January 14, 201, when he/she was diagnosed with the E Hospital by undergoing a hydro-electronic type examination and hydro-electronic body photography and died on November 7, 2011 while he/she was receiving treatment at the E Hospital, and then died on or around November 15, 2012, he/she was sentenced to a judgment against the Plaintiff on February 14, 2014.

B. On March 5, 2014, the Defendant entered into a delegation contract with the Plaintiff, under which the Defendant entrusted the Plaintiff with the power of attorney at an appellate court regarding relevant medical cases (hereinafter “instant delegation contract”).

The mandator (A) A: The plaintiff 1 (Purpose) A shall delegate the settlement of the case at the appellate court in which the plaintiff 1 (a) has against the school juristic person G and one other, and the plaintiff 1 (Purpose A shall be entrusted to the plaintiff 1).

Article 7 (Remuneration for Performance)

(a) When the delegated affairs of contingent remuneration have won success through judgment, judicial or extra-judicial reconciliation, mediation (including a decision to recommend reconciliation), etc., the contingent remuneration shall be paid according to the following classification:

The contingent remuneration shall be calculated on the basis of the amount claimed.

(2) An amount (excluding value-added tax) equivalent to 25 percent of the economic profit (including interest in arrears) accrued from winning the contract.

(b) Where it is deemed that he/she won: He/she shall report it to the winning in the following cases, and pay the amount of the contingent remuneration prescribed in the above paragraph (a):

(1) Where Party A voluntarily waives or recognizes a claim, withdraws a lawsuit, or withdraws an appeal after he/she has puts a considerable effort to perform delegated affairs.

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