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(영문) 전주지방법원 2017.08.08 2016가단9751
약정금
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. On December 23, 2016, the Plaintiff was sentenced to a fine of KRW 5,00,000 for the following criminal facts (violation of the Attorney-at-Law Act) in this Court Decision 2016Ma759:

Although the Plaintiff was not an attorney-at-law, on January 4, 2016, concluded a debt collection delegation contract with the content that the Plaintiff would be paid 30% of the starting fee and the collected money by going through compulsory execution procedures against the Defendant’s obligor E, etc. at the 2nd D Building Office in the Jeonsi-si, Jeonsi-si, Jeonsi-si, Seoul, and the Defendant’s obligor E, etc.

Accordingly, on the same day, the Plaintiff received KRW 5 million from the Defendant as the passbook under the name of the Plaintiff’s wife, sent a notice of assignment of claims and a certificate of contents to E, etc. who is the Defendant’s debtor, and handled legal affairs by preparing and receiving documents necessary for compulsory execution procedures, such as seizure of corporeal movables in E, etc.

B. Although the Plaintiff appealed against the judgment of the first instance court in the criminal case described in the foregoing paragraph (a), the appellate trial division (this court 2017No18) rendered a judgment dismissing the Plaintiff’s appeal on April 14, 2017. The Plaintiff appealed again, but the Supreme Court (2017Do6277) rendered a judgment dismissing the Plaintiff’s appeal on June 29, 2017.

[Ground of recognition] Facts without dispute, entry of Eul in the evidence of Nos. 8 through 10 (including the provisional number), the purport of the whole pleadings

2. Judgment on the parties’ assertion

A. Around December 2015 and January 2016, the gist of the Plaintiff’s assertion 1, the Plaintiff concluded a debt collection delegation agreement between the Defendant and the Defendant to recover the Defendant’s claim and receive 30% of the amount of claim recovery.

Accordingly, the Plaintiff received the claim from the Defendant for E, etc., and recovered KRW 380,000,000 from the Defendant through the notification of the assignment of claims to E, etc., the dispatch of content certification, and the application for compulsory execution.

Therefore, the defendant's claim collection amount is KRW 380 million to the plaintiff.

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