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(영문) 서울중앙지방법원 2017.10.27 2016가합21594
약정금등
Text

1. The Defendant’s KRW 70,000,000 as well as 5% per annum from August 6, 2016 to October 27, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On August 6, 2013, the Plaintiff and the Defendant filed a lawsuit against the Defendant for the claim for the takeover amount (2013Gahap60581). On July 23, 2014, the said court rendered a judgment ordering the Defendant to pay damages for delay calculated at the rate of 30% per annum for KRW 2,897,566,915 and KRW 2,700,000 among them, and KRW 2,700,000 among them, from October 20 to the date of full payment. Accordingly, the Defendant appealed and the appellate court proceeded with the appellate court as Seoul High Court 2014Na39566 (hereinafter “instant appellate court”).

(2) On February 26, 2015, the Defendant entered into a contract for the delegation of a lawsuit (hereinafter “instant delegation contract”) with the Plaintiff, an attorney-at-law to delegate the litigation affairs of the instant appellate court to the Plaintiff. The instant delegation contract is indicated as follows:

Article 2 (Advanced Payment) 30,000,000 won shall be paid to He from the retainerion of delegated affairs.

(A) When the delegated affairs of Article 5 (Ad Hoc) are fully or partially successful, the contingent remuneration shall be paid immediately in accordance with the agreed classifications.

Article 6 (Cases to be Considered as one of the winnings) In the following cases, the success fee prescribed in the preceding Article shall be considered as all of the winnings:

1. When the principal has voluntarily waived or recognized a claim, compromise, withdrawal of a lawsuit, withdrawal of an appeal, or consented to the other party's appeal or withdrawal of an appeal, 7% of the reduced amount (including interest in arrears) out of the amount lost by the judgment in the first instance judgment of the special agreement shall be paid as contingent remuneration;

B. The progress of the instant appellate trial and April 22, 2016, the argument of the instant appellate court was concluded, and the date of sentencing was designated as June 17, 2016.

During the appellate trial of this case, Sick Co., Ltd. applied for intervention as an independent party, and the succeeding intervenor C around May 2016, which was after the closing of argument, to D all the claim against the Defendant subject to the appellate trial of this case.

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