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(영문) 서울중앙지방법원 2019.10.16 2019나29722
성공보수금
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. Facts of recognition;

A. Status 1) C Co., Ltd. (hereinafter “C”)

) The E apartment on the ground of Incheon D, (hereinafter referred to as the “instant apartment”).

(2) On November 11, 2009, the number of the same subparagraph after the instant apartment Fdong G appears to have been changed from C to Jdong G. The Plaintiff is an attorney-at-law of law firm H, who was an attorney-at-law of law firm H.

B. The number of buyers of the apartment of this case, including the Defendant, entered into the delegation contract of this case with the law firm H, entered into a delegation contract of this case with respect to the cancellation of the apartment sale contract of this case, compensation for damages, return of unjust enrichment, etc. (hereinafter “instant delegation contract”). Among them, the contents of the agreement on contingent fees, etc. are as follows: The indication of the case under Article 1 (1) (1): so-called case (Cancellation and termination of the sale contract, compensation for damages, claim for restitution of unjust enrichment, etc.): the scope of acceptance: Article 3 (Remuneration) (4) of the entire litigation and preservation litigation in the first instance trial of the above case (the Defendant) [Defendant] shall pay the remuneration and litigation costs to Eul (Law Firm H] as follows:

(2) contingent fees

1.The amount calculated at the following rates by applying differential rates to each economic benefit value - below 5%: 7% of the economic benefit value - 8% of the economic benefit value - above 10% of the parcelling-out price: 9% of the economic benefit value - above 15% of the parcelling-out price: 10% of the economic benefit value - above 15% of the sale price: 10% of the economic benefit value.

2. Time of payment: The same shall apply when money is received;

C. On November 201 to October 2012, 201, the Plaintiff, as an attorney in charge of H, sought a refund of the sale price against C on behalf of the buyer of the instant apartment on behalf of the Defendant, including the Defendant (in Incheon District Court, K, etc., hereinafter “previous Lawsuit”).

(2) On February 1, 2013, the first instance court of the previous lawsuit revoked the sales contract on the grounds of deception, error, etc. of buyers.

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