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(영문) 서울중앙지방법원 2018.08.17 2017나87342
변호사비용반환청구
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C is a company primarily responsible for carrying out the duties of attorney-at-law, and the defendant is a member attorney-at-law of the above law firm and registered as the representative from January 25, 2010.

B. On July 20, 2016, the Plaintiff, a mandatory, as C, drafted a delegation contract with the content that the said law firm accepts (hereinafter “instant delegation contract”) by setting as 10% of the judgment amount of performance fees and the amount of the judgment of performance fees (hereinafter “instant delegation contract”) that the agent of the first instance trial (i.e., Plaintiff’s divorce, etc., KRW 7 million (in case of entering a counterclaim separate from provisional attachment expenses, stamp and delivery charges), and (ii) the agent of the first instance trial (i.e., Plaintiff’s divorce, etc.).

C. On July 22, 2016, the Plaintiff paid KRW 1,954,700 to the law firm C, 7 million for the retainer, and 1,954,700 for stamp, delivery, and provisional attachment on August 22, 2016.

On July 28, 2016, C designated B, D, and E as an attorney-at-law, and on behalf of the Plaintiff, filed a lawsuit against the Plaintiff F, the Seoul Family Court 2016Dhap38511 against the Plaintiff’s husband, seeking a divorce, division of property, and payment of consolation money on the ground of the failure of marriage. On the same day, Seoul Family Court 2016 business group30857, the right to claim a division of property, as the right to claim a divorce, was the right to preserve the claim for the return of the lease deposit against G, Yongsan-gu Seoul Special Metropolitan City as the right to claim a provisional attachment against the claim for the refund of the lease deposit against the Plaintiff, which was located in Yongsan-gu Seoul Metropolitan Government.

E. On September 12, 2016, the Plaintiff submitted to the Seoul Family Court a written withdrawal of the suit in the instant case No. 2016Dhap38511 and the written withdrawal of the suit in the instant case No. 2016 business group30857, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

2. Determination

A. On July 20, 2016, the Plaintiff concluded the instant delegation contract with the Defendant and paid the retainer. On the other hand, the Plaintiff’s summary of the Plaintiff’s assertion was one week.

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