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(영문) 서울중앙지방법원 2019.08.28 2019나3980
성공보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On June 4, 2012, the Plaintiff and the Defendant concluded the instant delegation agreement with the law firm C (Attorney in charge and D) and the Defendant.

(A) “A” and “B” refer to the Defendant, and “B” refers to the law firm A; hereinafter “instant delegation contract”). EF

B. 1) Under the instant delegation contract, C is a corporation G and H Co., Ltd (hereinafter “G, etc.”) on behalf of the buyers including the Defendant.

(2) The claim against the Plaintiff, such as the return of the sale price, etc. (in the Incheon District Court 201Gahap20696 et al., hereinafter “previous lawsuit”).

(2) On February 1, 2013, the above court rendered a judgment that “G et al. shall pay 28,092,00 won to each of the Defendant (12% of the purchase price) and damages for delay calculated at the rate of 5% per annum from December 22, 2012 to February 1, 2013, and 20% per annum from the next day to the date of complete payment.” (2) At the appellate court of the previous lawsuit, some of the buyers including the Defendant et al. appointed I attorney as the legal representative, and Law Firm C performed the lawsuit on behalf of the remaining buyers.

On December 12, 2013, the appellate court revoked the part against G, etc. in the judgment of the first instance court and rendered a judgment dismissing the corresponding defendant's claim.

3) On May 28, 2015, the Supreme Court rendered a ruling of reversal and transmission of part of the judgment of the appellate court in the previous lawsuit. 4) After the destruction and transmission of the previous lawsuit, the decision of recommending reconciliation was finalized to the effect that “G et al. shall jointly pay to the buyers the amount equivalent to 5% of the sales price, 5% per annum from the date of the sales contract to the date of the final decision of recommending settlement, and 20% per annum from the next day to the date of full payment.”

On the other hand, the defendant withdrawn the lawsuit on March 28, 2016, before the decision of recommending reconciliation was made.

(c) part, including the Defendant.

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