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(영문) 서울중앙지방법원 2019.10.02 2019나1946 (1)
성공보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a person who purchased Incheon C apartment unit No. D (hereinafter "the apartment of this case"), and the plaintiff was an attorney-at-law belonging to the law firm E.

Article 1(1) (Scope of Deposits: (2) Other party to the so-called F case (e.g. cancellation and cancellation of the sale contract, compensation for damages, return of unjust enrichment, etc.): Indication of the competent court, institution, etc. of the apartment seller, Korea, Incheon Metropolitan City, Korea Land and Housing Corporation, G Corporation, etc. (3): Incheon District Court or Seoul District Court (4) case scope of acceptance: 200,000 won (including additional tax) contingent fees for the first instance trial and preservation of the case.

1. 6% (including surtax; hereinafter the same shall apply) of the “the difference after subtracting the market price appraised from the sale price of an apartment from the sale price” when accepting a claim for cancellation or cancellation of a contract;

2.The amount calculated at the following rates by applying differential rates to the economic profit value when the claim for compensation for damages or the claim for reduction of the sale price is made - the amount calculated at the following rates: 7% of the economic benefit value - the economic benefit value exceeding 5% but not exceeding 10%: 8% of the sale price - the economic benefit value exceeding 10% but not exceeding 15% of the sale price: 9% of the economic benefit value exceeding 15%: 10% of the sale price:

2. Time of payment: Receipt of money.

B. Around December 2011, the Defendant entered into a litigation delegation agreement with law firms E (hereinafter “instant delegation agreement”) that stipulates the scope of acceptance and remuneration as follows.

C. A total of 354 buyers of the instant apartment, such as the Defendant, filed a lawsuit seeking the refund of sale price (hereinafter “related lawsuit”) against H (hereinafter “H”) and I Co., Ltd. (hereinafter “I”), which is a contractor for the new construction and sale of the instant apartment, and the law firm E was represented by 354 petitioners at the first instance court of the instant lawsuit in accordance with the delegation contract with the buyers, such as the instant delegation contract.

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