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(영문) 서울중앙지방법원 2016.11.18 2016나49718
약정금
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. On May 18, 2012, the Plaintiff entered into a delegation contract with the co-defendant C of the first instance trial, which stipulates that the commencement amount of the lawsuit shall be KRW 2,500,000, and the contingent fee shall be the amount equivalent to 3% (excluding value-added tax) out of the economic value of winning the lawsuit (hereinafter “instant delegation contract”).

On the same day, the Defendant paid the down payment to the Plaintiff, and the Plaintiff issued a tax invoice stating that the Defendant was supplied with respect to the down payment.

B. On July 15, 2013, when the lawsuit in this case was pending, the Plaintiff requested the increase of the contingent remuneration, the Defendant, in writing, stated “five percent of the economic value of the winning party shall be paid as the contingent remuneration” in a copy of the complaint in this case, stating “B on July 15, 2013,” and signed after the Defendant’s name.

C. On December 18, 2013, the pleadings were concluded and the judgment was rendered on January 8, 2014 in the instant lawsuit. The gist of the judgment was that “D shall pay C 153,889,000 won and the amount equivalent to 6% per annum from March 11, 2013 to January 8, 2014, and 20% per annum from the next day to the date of full payment.”

The judgment of the first instance court of the instant lawsuit became final and conclusive on February 6, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence Nos. 6 and 7, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the economic value of the winning of the instant lawsuit is KRW 161,579,233 [The amount calculated by multiplying 304 days per annum from March 11, 2013 to January 8, 2014, which is the date of sentencing, by 304 days per annum, and the minority is below the decimal point, hereinafter the same shall apply].

[) The Defendant agreed to pay the Plaintiff an amount equivalent to 5% of that amount as a successful fee.

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