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(영문) 서울중앙지방법원 2017.08.17 2017나6817
약정금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be acknowledged by considering the whole purport of the pleadings in each entry in Gap evidence 1, Gap evidence 10, Gap evidence 12, Eul evidence 12, and Eul evidence 1 and 2:

On June 21, 2013, the defendant filed an application against D for an order to return unjust enrichment under 2013 tea 2698, Goyang-gu District Court 2013, and the original copy of the payment order is the same year.

7.9. D was served on D on the 18th of the same month, and D submitted a written objection against the payment order on the 18th of the same month, the above case was implemented as a litigation proceeding with 2013da29335 of the same court.

(hereinafter “the instant lawsuit”). B.

On August 12, 2013, the Defendant entered into a delegation contract with Law Firm E with respect to the lawsuit of unjust enrichment of this case (hereinafter “instant delegation contract”) with the following contents.

The indication of the case: (1) The parties to the D Loan Claim Lawsuit (at high support 2013da29335), (2) D and F M M-do Lawsuit shall conclude the delegation contract concerning the handling of the case in the first instance of the aforementioned indicated case as follows:

Article 2 (Limit of Delegation) The limit of delegated affairs entrusted by Party A to Party B shall be limited to the corresponding instance, and matters concerning incidental procedures, such as filing of any reversed case or appeal, compulsory execution, suspension of compulsory execution, preservative measures, etc., shall be separately determined.

In cases of preservative measure cases, an objection or cancellation case shall be deemed a separate delegated business.

Article 6 (Advanced Remuneration) (1) A shall pay 7 million won (including value-added tax) to B at the same time as the delegation contract is concluded.

(2) The commencement and remuneration under paragraph (1) shall be paid upon the commencement of delegated affairs by Eul, such as research, investigation, preparation in writing, etc. of delegated affairs, and upon the commencement of entrusted affairs by Eul, the partial filing or withdrawal of a lawsuit by the party concerned, waiver or withdrawal of a claim, waiver or recognition of a claim, settlement in a lawsuit, conciliation, transfer of a subject matter of lawsuit, death of the party concerned, etc. for reasons not attributable to Eul.

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