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(영문) 수원지방법원 2020.05.06 2019나89586
약정금
Text

1. All appeals filed by the plaintiff and the defendant (appointed parties) are dismissed.

2. The part on the Plaintiff’s appeal is the Plaintiff.

Reasons

1. Basic facts

A. On February 7, 2018, the Defendant and the designated parties (hereinafter “Defendants”) entered into a contract for the delegation of a lawsuit (hereinafter “instant delegation contract”) with the Plaintiff, and filed a lawsuit for damages against E with the Suwon District Court F for the Sungnam branch of the Sungwon District Court.

B. The Defendants paid KRW 3,300,000 (including value-added tax) to the Plaintiff as stipulated in the instant delegation agreement.

The delegation contract of this case contains the following contents as to performance remuneration (hereinafter referred to as the “instant performance remuneration agreement”) and the bottom part of the delegation contract of this case, all of which are printed in the same text.

Article 7 (Remuneration for Performance) (1) When entrusted affairs of contingent remuneration have been successful through judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid according to the following classification:

(b) An amount equivalent to five percent of the value of the economic profit acquired by winning (excluding value-added tax). (2) If a winning is deemed to be a winning, it shall be considered to be a winning, and the amount of the contingent remuneration as provided for in paragraph 1 shall be paid:

Where a mandatary voluntarily waives or recognizes a claim, withdraws a lawsuit, or withdraws an appeal after he/she has invested a reasonable effort for the management of the entrusted affairs.

(b) Where the other party waives or recognizes a claim, withdraws a lawsuit, or withdraws an appeal as a result of the mandatary's performance of an action (it shall be deemed that the other party has succeeded to the reduced part, even if the other party reduces the purport of the claim or appeal due to

(c) omitted;

(d) Where the mandator terminates the delegation contract without any justifiable ground after the mandatary has put in an appropriate effort for the management of the entrusted affairs, or the mandatary terminates the delegation contract pursuant to Article 9.

Of the reasons, the mandators waive their claims without any economic benefits or other benefits.

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