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(영문) 춘천지방법원 2018.11.28 2017나53856
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On January 24, 2014, the Defendant filed a lawsuit seeking confirmation of the right to passage over surrounding land (hereinafter “the first lawsuit”) with Suwon District Court 2014No52049 against E, the owner of D land adjacent to the instant land, in order to secure a passage passage to the land of the wife population C (hereinafter “instant land”).

B. As to the first lawsuit on July 21, 2014, the Defendant drafted a delegation contract containing the following contents with the mandator as the Defendant and the mandatary as the Plaintiff:

(hereinafter referred to as the “instant delegation contract”. Among them, the seal of the Defendant is affixed on the side of the pen section of Article 5 below.

I agree that no later than the pronouncement of the judgment of the court of first instance with respect to the foregoing case shall delegate to you the agency work for the case and shall comply with the following matters:

Article 2 (Advanced Money) The amount of the entrusted affairs shall be paid to He/she x the original (Additional Tax Separate).

However, the retainer shall not be requested for the return even if there is a cancellation of delegation or any other cause.

Article 5 (Remuneration for Good Faith) (1) A successful performance of delegated affairs shall be immediately paid in accordance with the following classification:

When securing a passage route, the gold shall be paid in installments or 50 square meters.

1. When he/she winss the whole case, he/she shall be subject to the adjudication, mediation, or reconciliation:

2. When a part of the award is won, the value (including the funds) of the economic benefits accrued therefrom ¡¿ % (in cases where it is deemed that the portion is a winning) in the following cases, the success fee as prescribed in paragraph (1) of the preceding Article shall be considered as the winning in all cases:

1. Waiver or recognition of a claim, compromise, withdrawal of a lawsuit, withdrawal of an appeal by the principal (in the case of a plaintiff), or

2. When the principal does not perform his obligations as provided for in this Agreement to He, or because he has made a false statement, he cancels his voluntary contract.

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