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(영문) 울산지방법원 2018.11.28 2018나23377
약정금
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. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings in the statement No. 1, the following facts are recognized.

1) The Defendant is a Hyundai Motor Vehicle Co., Ltd. (hereinafter “Modern Motor Vehicle”).

(2) The term “non-regular car sub-chapters” refers to the term “non-regular car sub-chapters” (hereinafter referred to as the “non-regular sub-chapters”) consisting of workers belonging to the subcontractor and workers belonging to the company.

(2) Around November 2010, the Plaintiff entered into a contract on delegation of a lawsuit with respect to the first instance court of the instant case, including confirmation of the status of workers in modern automobiles, by setting forth the following as “3% of the economic benefits derived from a lawsuit at the time the delegated affairs have success (including partial success) due to a judgment, an out-of-judicial conciliation (including withdrawal of a lawsuit as a result of conciliation, and withdrawal of an appeal), an out-of-judicial conciliation (including withdrawal of a lawsuit, and withdrawal of an appeal),” respectively: (a) the Plaintiff entered into a contract on delegation of a lawsuit with respect to the claim of Hyundai Motor.

3) The Plaintiff, on behalf of the Defendant, filed a lawsuit against the Seoul Central District Court to verify the status of workers on behalf of the Defendant (hereinafter “instant lawsuit”).

On September 18, 2014, the Seoul Central District Court rendered a judgment in favor of some favorable cases (Seoul Central District Court 2010Gahap112450) that "the defendant confirmed that he is an employee of Hyundai Motor, and Hyundai Motor is paying KRW 23,165,191 and damages for delay to the defendant" (the Seoul Central District Court 2010Gahap112450).

(4) If a modern automobile appeals against the judgment of the court of first instance (Seoul High Court 2014Na51666), and the Plaintiff has succeeded to the contingent fee with the Defendant in relation to the lawsuit of second and third instances on October 2014, 2014, such as a delegated business entity’s judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision of recommending reconciliation), etc., the value-added tax shall be either 3% of the economic benefit value acquired by the lawsuit and 500,000 won, whichever is larger.

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