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(영문) 서울중앙지방법원 2020.03.25 2019가단5054500
사해행위취소 등 청구의 소
Text

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

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

Reasons

Basic Facts

Plaintiff

Around October 2017, the Plaintiff entered into a delegation contract with Defendant C on behalf of the Plaintiff regarding a divorce and a claim for division of property filed against Defendant C as a child of Defendant C, and the Plaintiff entered into a claim for division of property on behalf of Defendant C.

(hereinafter “instant delegation contract”). At the time of the instant delegation contract, a separate delegation contract was not prepared, but was paid KRW 7,500,000 for the retainer and related expenses. Defendant E, the wife of Defendant D, paid KRW 7,50,000, including the retainer, to the Plaintiff on October 27, 2017.

On October 31, 2017, the Plaintiff filed a lawsuit claiming divorce and division of property of KRW 1,00,000,000 (Partial Claim) against H, the solatium’s claim of KRW 30,000,000,000 (Partial Claim), etc. with the Suwon District Court Branch Branch Branch of Suwon Branch of 2017Dhap1606 on the merits of the lawsuit against H.

(2) The instant divorce lawsuit was filed on September 28, 2018 (hereinafter “instant divorce lawsuit”). The instant divorce lawsuit was filed on September 28, 2018 (hereinafter “instant divorce lawsuit”). The conciliation was concluded on September 28, 2018 at the date of conciliation in which Defendant C and H were present. The details are divorced; H paid KRW 500,000,000 to Defendant C as a division of property; following this judicial conciliation, H deposited KRW 500,000,000 in total four times from October 10, 2018 to November 30, 2018 (hereinafter “instant account”).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 11 through 13 (including the number of branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 2, as a result of the order to submit financial transaction information to I organizations, and as a result of the order to submit financial transaction information to I organizations, at the time of the delegation contract of this case, the plaintiff is entitled to receive 3% of the economic benefits (excluding value-added tax) earned by defendant C's oral contingent remuneration between defendant D who represented the defendant C at the time of the delegation contract of this case.

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