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(영문) 서울중앙지방법원 2017.06.22 2017나6947
약정금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

1.The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 4:

On September 8, 2016, the Defendant entered into a delegation contract (hereinafter “instant delegation contract”) with the Plaintiff, an attorney-at-law, with respect to the case of divorce, etc. brought by the Defendant’s wife C against the Defendant (Seoul Family Court 2016Dhap39118, hereinafter “instant case”).

The parties to the case, such as divorce: Plaintiff C and Defendant B agree to delegate their duties of representation to the first instance court on the case and to comply with the following:

Article 1 (Conferment of Authority) In order to carry out the above agency affairs, the authority stated in the separate Delegation of Litigation shall be conferred to you.

Article 2 (Advanced Payment) The full-time KRW 0,000 and value-added tax ( separate Dos) shall be paid to Ha with the retainer of delegated affairs.

except that the advance shall not be claimed for the cancellation of delegation or any other cause.

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. All million won in the case of winning the award;

2. In cases of partial winnings, the amount equivalent to 10% of the value of economic profits gained by such winnings shall be considered as winnings in whole, and the success fees prescribed in subparagraph 1 of the preceding Article shall be paid in full, if such winnings are the following cases:

3. When the principal has voluntarily rescinded the delegation contract, or terminated the delegation for any cause not attributable to him; and

B. On September 19, 2016, according to the instant delegation agreement, the Plaintiff submitted a letter of delegation of litigation and a written answer to the 5-Ga Seoul Family Court, the full bench in charge of the instant subject case.

C. On the other hand, on September 28, 2016, the Defendant issued a letter of delegation of a lawsuit with the Seoul Family Court No. 5 Family Court as an attorney-at-law.

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