logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.03.15 2015가단156564
보수금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion B filed a lawsuit against the Plaintiff on July 18, 2014 against the Cheongju District Court Decision 2014Gahap10 and the said court rendered a judgment against the Plaintiff, the Plaintiff filed an appeal against the said judgment under the Cheongju District Court Decision 2014Na1387, and entered into a contract of litigation delegation with the effect that the contingent remuneration amounting to KRW 27.5 million between the Defendant and the Defendant shall be 10% of the winning profit amount, and the contingent remuneration amounting to KRW 11 million shall be determined as 10% of the winning profit amount at the time of a decision to suspend compulsory execution of the said judgment of the first instance court.

After a decision of compulsory execution against the above judgment of the court of first instance was made upon application of the defendant, the plaintiff paid to the defendant KRW 11 million and KRW 27.5 million for the case of appeal. However, the above court of appeals rendered a judgment dismissing the appeal on January 20, 2015 after the date of pleading is proceeding on November 25, 2014 and December 23, 2014.

At the time of the conclusion of the above case, the Defendant: (a) provided the Plaintiff with an explanation that the above appeal case could have won but high level of difficulty; (b) provided the remuneration; (c) in light of the fact that the attorney’s fee included in the litigation cost is merely 8,375,225 won under the rules on the difficulty of the appeal case, details of the Defendant’s performance of litigation, and inclusion of the attorney’s fee in the litigation cost, the amount of remuneration set by the Defendant should be deemed unfairly excessive and contrary to the principle of trust and good faith or the principle of equity; (d)

2. Judgment on the plaintiff's assertion

A. In principle, in cases where there is an agreement with the client on the remuneration for the handling of delegated affairs by attorney, an attorney-at-law who completed the delegated affairs may claim the full amount of the agreed fees, barring any special circumstance, and the principle of trust and good faith or the principle of equity in the unduly excessive amount of such fees.

arrow