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(영문) 서울남부지방법원 2016.10.11 2016가단201023
약정금
Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 1, 2015 to October 11, 2016.

Reasons

1. Basic facts

A. On August 11, 2014, the Plaintiff entered into a litigation delegation agreement (hereinafter “instant delegation agreement”) with the Defendant with respect to the instant case, such as the loss of the right to manage property, which the Defendant and the Defendant brought against the Defendant-D, as follows.

Article 6 (Advanced Payment) The Defendant shall pay the Plaintiff KRW 7,000,000 at the same time as when the delegation contract is concluded.

Article 7 (Voluntary Remuneration) When the delegated affairs are successful, the following contingent remuneration (excluding value-added tax) shall be paid:

11% of the successful remuneration in the case of full or partial winnings shall be paid as contingent remuneration. The contingent remuneration prescribed in Article 7 which considers all or part of the success shall be paid in the following cases:

The defendant voluntarily waives or recognizes a claim, compromise, withdrawal of a lawsuit, withdrawal or renunciation of an appeal, or consents to the withdrawal of a lawsuit by the other party.

B. The Defendant living together with D and his children, who were divorced, agreed to pay 11% of the amount of the compensation as the contingent fee on the premise that D and D, who were fire-fighting officials, died while on duty and expected to be paid the heir’s compensation in the future, and that the Defendant, who is not a person with parental authority over E and F, would have the right to manage property, such as the compensation.

C. On August 27, 2014, the Plaintiff, as the Defendant’s legal representative, filed an application for conciliation against C for the loss of property management rights under the Seoul Family Court Decision 2014p.15350, and submitted a preparatory document on October 17, 2014 with respect to the respondent’s response, and was present on the date of conciliation on October 31, 2014.

In addition, in relation to the payment of insurance money, ELA Life Insurance Co., Ltd and new damage adjusting Co., Ltd. send a written statement informing that the case is pending. D.

After November 19, 2014, the defendant submitted a written withdrawal of the above application and the above conciliation case was concluded.

(e).

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