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(영문) 서울중앙지방법원 2015.07.16 2014가합591990
임금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a law firm that performs the duties of attorney-at-law. 2) The Defendant is an autonomous management body organized by its occupants to manage B apartment houses located in Seongbuk-gu Seoul Metropolitan Government (hereinafter “instant apartment houses”).

B. 1) On July 31, 2012, the Plaintiff entered into a delegation contract with D who was the president of the Defendant’s acting director, and the instant delegation contract (hereinafter “instant delegation contract”).

(2) The contents of the instant apartment construction contract are as follows: “The Plaintiff’s power of attorney to file a claim for performance of defect repair concerning all defects that occurred in the common areas of the instant apartment within 10 years from the date of the instant apartment usage inspection against the Defendant’s two construction companies (hereinafter “dusan Construction”).” (2) The instant delegation contract determines the Plaintiff’s remuneration as follows.

① The Defendant shall not pay the retainer to the Plaintiff.

(2) When delegated affairs have success in a judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the defendant shall pay to the plaintiff remuneration according to the following classification:

(Article VII(1)(i) When a cash agreement is made: 10% of the agreed amount shall be paid (VAT 10%). (ii) When cash repair is performed or repair is performed: 630,000,000 won equivalent to 8% of the total amount of the insurance proceeds for the completion of the agreement signed by the two construction projects, which is equivalent to 7,83,166,531 won.

(VAT 10% Map) (3) In any of the following cases, it shall be considered as a winning, and the performance bonus prescribed in the above paragraph (2) shall be paid:

(Article 7(2)1 and 4(i) of the Plaintiff’s input of considerable efforts to carry out delegated affairs, and then the Defendant voluntarily waives or rejects a claim, withdraws a lawsuit, or withdraws an appeal, and ii) has made considerable efforts to carry out delegated affairs, and the Defendant has made a delegation contract without justifiable grounds.

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