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(영문) 서울중앙지방법원 2019.11.14 2019나36805
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. Basic facts

A. The party status C Co., Ltd. (hereinafter “C”) is the contractor and the truster of the business that newly constructs and sells the Incheon D apartment (hereinafter “instant apartment”) and the E Co., Ltd. (hereinafter “E”) is the trustee entrusted with the sale of the instant apartment.

The defendant is a person who purchased the apartment F of this case, and the plaintiff was an attorney-at-law belonging to law firm G of this case.

B. The indication of the case under Article 1(1) of the conclusion of the delegation contract: He case (such as cancellation and termination of the sale contract, compensation for damages, and claim for restitution of unjust enrichment): The scope of acceptance under Article 1(4) of the so-called H case: Article 3 (Remuneration) of the entire litigation and preservation litigation in the first instance trial of the above case shall be paid to Eul (Law Firm G) with remuneration and litigation costs as follows:

(i)the success fee of 200,000 won (including surtax) (2) the contingent remuneration;

1.The amount calculated at the following rates by applying differential rates by economic gains value - below 5 per cent: 7 per cent (including value added taxes; hereinafter the same shall apply) of the economic gains value - 8 per cent but more than 10 per cent of the sale price: 8 per cent of the economic gains value - 9 per cent of the economic gains value exceeding 10 per cent of the sale price - 15 per cent of the sale price: 10 per cent of the economic gains value.

2. Time of payment: Around 2011, at the time of receipt of money, the Defendant entered into a contract with law firm G to delegate litigation (hereinafter “instant delegation contract”) with respect to the cancellation or cancellation of the instant apartment sales contract, compensation for damages, return of unjust enrichment, etc., and the details of the agreement on the contingent remuneration, etc. are as follows.

C. The Plaintiff, as an attorney at law firm G, filed a lawsuit claiming the return of the sale price, etc. against E and C by the Incheon District Court I on behalf of the buyer of the apartment of this case including the Defendant (hereinafter “previous lawsuit”), and on February 1, 2013 from the said court, “E and C” respectively.

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