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(영문) 서울중앙지방법원 2019.10.02 2019나22196
성공보수금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

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

) The Incheon D Apartment (hereinafter referred to as the “instant apartment”).

(2) On November 15, 2009, the Plaintiff is a person who purchased the instant apartment E from C and was an attorney-at-law of law firm F.

B. The indication of the case under Article 1 (Scope of Acceptance of Contract) (1) of the conclusion of the instant delegation contract: so-called D case (Revocation of sale contract, termination of contract, compensation for damages, claim for restitution of unjust enrichment, etc.): the scope of acceptance of the instant case: Article 3 (Remuneration) of the entire litigation and preservation litigation in the first instance trial of the instant case / [Defendant] A shall pay remuneration and litigation costs to Eul (Law Firm F) as follows:

(2) contingent fees

1.The amount calculated at the following rates, applying differential rates by economic gains value - below 5%: 7% of the economic gains (including surtax; hereinafter the same shall apply) - The economic gains value exceeding 5% but not exceeding 10%: 8% of the economic gains value - The economic gains value exceeding 10% but not exceeding 15% of the sale price: 9% of the economic gains value exceeding 15%: 10% of the sale price:

2. Time of payment: At the time of receipt of money, the person who was the buyer of the instant apartment, including the Defendant, entered into a delegation contract with the law firm F on the cancellation of the instant apartment sale contract, compensation for damages, return of unjust enrichment, etc. (hereinafter “instant delegation contract”), and the content of the agreement on the contingent remuneration, etc. is as follows.

C. The Plaintiff, as an attorney at law firm F, is the Plaintiff’s legal representative from November 201 to December 201, 201, seeking the return of the sale price against C on behalf of the buyers of the instant apartment complex including the Defendant (In Incheon District Court G, etc.; hereinafter the same shall apply) (the instant case’s appellate court and the final appeal as seen below).

(2) On February 1, 2013, the court of first instance filed a suit. 2) On February 1, 2013, the court of first instance filed a suit for 12% of the selling price to the buyers, including the Defendant.

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