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(영문) 서울중앙지방법원 2019.10.02 2019나33769 (1)
성공보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a person who purchased Incheon C apartment unit No. D (hereinafter "the apartment of this case"), and the plaintiff was an attorney-at-law belonging to the law firm E.

Article 1(1) (Scope of Deposits: (2) Other party of the so-called C apartment case (e.g. cancellation and cancellation of the sale contract, damage, unjust enrichment claim, etc.): indication of the competent court, institution, etc. (3) competent court, institution, etc. of apartment buyers, Korea, Incheon Metropolitan City, Korea Land and Housing Corporation, F Corporation, etc.: Incheon District Court or Seoul District Court (4) case scope of acceptance: 200,000 won (including additional tax) of all the lawsuit and preservation lawsuit of the first instance court of the above case.

1.The amount calculated at the following rates by applying differential rates by the value of economic gains - The value of economic gains - The value of 7%: the value of economic gains - the value of 5% or more but not more than 10%: 8% of the value of economic gains - the value of economic gains exceeding 10% but not more than 15%: 9% of the value of economic gains - the value of economic gains exceeding 15%: 10%

2. Time of payment: Receipt of money.

B. On September 17, 2011, the Defendant entered into a contract for delegation of a lawsuit with law firms E (hereinafter “instant delegation contract”) stipulating the scope of acceptance and remuneration as follows.

C. A total of 354 buyers of the instant apartment, such as the Defendant, filed a lawsuit seeking the return of the sale price (hereinafter “related lawsuit”) against G Co., Ltd. (hereinafter “G”) and H Co., Ltd. (hereinafter “H”), which is a contractor for the new construction and sale of the instant apartment, including the Defendant. Under the delegation contract with the buyers like the instant delegation contract, E Law Firm represented at the first instance court for all 354 of the relevant lawsuit in accordance with the delegation contract with the buyers, including the instant delegation contract, and the Plaintiff, as an attorney-at-law, performed the relevant lawsuit.

The first instance court of the related lawsuit shall be the amount equivalent to 12% of the selling price to the defendant jointly and severally, as of February 1, 2013, and H.

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