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(영문) 서울중앙지방법원 2015.10.21 2015나17523
보수금
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. The reasoning of the court's explanation concerning this case is that the defendant's argument in the trial is stated in the reasoning of the judgment of the court of first instance, except where the defendant added the following judgments to the pertinent part, thereby citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the amount of the agreed remuneration should be reduced to a considerable extent under the principle of good faith, even if the conditions for the payment of success fee are satisfied.

In a case where there is an agreement with the client on the amount of remuneration for the handling of delegated affairs by an attorney-at-law, barring any special circumstance, an attorney-at-law who has completed the delegated affairs may claim the full amount of remuneration agreed upon, barring any special circumstance. However, in a case where there are special circumstances to deem that the agreed amount of remuneration is unduly excessive and is contrary to the principle of good faith or the principle of equity in light of the following: (a) the progress of handling the case from the deliberation of the client in question; (b) the specific interest gained by the client in the course of handling the relevant case; and (c) the relevant attorney-at-law’s fee regulations for the degree of difficulty; and (d) other circumstances revealed in the pleading, such as

(see, e.g., Supreme Court Decisions 91Da29804, Mar. 31, 1992; 92Da30382, Feb. 9, 1993; 2003; 303Da30382, Feb. 9, 200). In light of the following circumstances, the Plaintiff’s activities such as filing a criminal complaint and compensation order, filing a civil lawsuit, etc. for the recovery of Defendant’s damage, namely, the commencement amount to be paid by the Plaintiff (110 million won = 1 billion won x 0.1% x 1.1 billion) was extremely lower than the amount of damage (1 billion won).

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