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(영문) 서울중앙지방법원 2020.08.14 2020가합507224
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 2016, the Plaintiff, a law firm, entered into a contract with Defendant B for the delegation of a lawsuit concerning the claim for acquisition of stocks and management rights of D Co., Ltd. (hereinafter “instant delegation contract”) under a contract that the said Defendant transferred the stocks and management rights of D Co., Ltd. to E Co., Ltd. (hereinafter “instant delegation contract”). The main contents of the instant delegation contract are as follows.

When the delegated affairs referred to in Article 5 are successful, the contingent remuneration shall be paid immediately in accordance with the following classification:

1. Money in the case of winning the whole project;

2. Where a part of the award is won, the amount equivalent to 15% of the value of economic benefits accrued therefrom shall be deemed to have been won in whole, and the success fee as prescribed in the preceding Article shall be paid in full, if it falls under the following cases:

1. Where the principal has voluntarily waived or recognized a claim, compromise, withdrawal of a lawsuit, withdrawal or renunciation of an appeal, or has consented to an appeal of the other party or withdrawal of an appeal;

B. At the time of the conclusion of the instant delegation contract, Defendant C guaranteed the performance of duties under the instant delegation contract against the Plaintiff in Defendant B.

C. On March 9, 2016, pursuant to the instant delegation agreement, the Plaintiff filed an application for mediation against E Co., Ltd. for the payment of KRW 6,136,152,320 as Defendant B’s attorney under the instant delegation agreement, but the Plaintiff did not make any mediation (F) and was converted into a lawsuit on July 22, 2016.

(hereinafter referred to as this Court G, hereinafter referred to as the “instant civil action”).

On the other hand, Defendant B was sentenced to one year of imprisonment on January 13, 2017 in a criminal case prosecuted for the crime of occupational breach of trust (or two years of imprisonment with prison labor with prison labor with prison labor with prison labor with prison labor for the District Court 2016 order 2016 order 172), and agreed upon the condition that the instant civil lawsuit will be withdrawn in a case where the conviction is affirmed at the appellate court, and sentenced to six months of imprisonment with prison labor with prison labor for June 29, 2017 and two years of suspended execution.

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