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(영문) 인천지방법원 2017.01.11 2016가단37289
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s assertion, as an attorney-at-law, delegated the Defendant to collect claims against C from the Defendant, and collected claims less than one year from the date of attempted collection, 20% of the collected amount as contingent fees. The Defendant collected claims against C, which became final and conclusive on May 11, 2016 due to the Plaintiff’s provisional attachment and lawsuit, and thus, the Defendant should pay the Plaintiff the contingent fees as stated in the claim’s claim.

2. On July 1, 2014, comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 2, 4, 5, Gap evidence Nos. 6, 7, 9 (including various numbers), and Eul evidence Nos. 3, the defendant, upon delegation of the collection of claims to the plaintiff on July 1, 2014, agreed to pay 20% of the recovered amount as contingent fees in the case of collection of claims, such as cash, checks, etc. from Eul, or receiving payment in substitutes (Articles 3 and 4 of the debt collection agreement). The plaintiff prepared a complaint to the court on August 22, 2014 pursuant to the above debt collection agreement and filed an application for provisional attachment Nos. 3, 6, 7, 9 (including each number), and Eul evidence No. 1, 206, 205, 201, 3, 206, 15, 4, 2014, 206, 2014.

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