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(영문) 인천지방법원 2020.06.11 2019나65491
수임료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a law firm that performs the duties of attorney.

B. On June 15, 2014, the Plaintiff entered into a delegation contract (hereinafter “instant delegation contract”) delegated by the Defendant to the Defendant for family affairs.

The Defendant paid to the Plaintiff KRW 2.5 million on June 16, 2014, and KRW 3 million on the following day, and paid all the agreed retainer fee of KRW 5.5 million to the Plaintiff.

C. The contents of the contingent fee arrangement stated in the instant delegation agreement are as follows.

On July 8, 2014, the Plaintiff filed a lawsuit on behalf of the Defendant with Seoul Family Court C seeking payment of divorce and consolation money of KRW 30 million and property division amount of KRW 162,082,834 against the Seoul Family Court C.

D On July 9, 2014, the Plaintiff filed a lawsuit against the Seoul Family Court for the payment of KRW 100,000,000 for divorce and division of property, and the said lawsuit was cultivated, and the said lawsuit was joined into a counterclaim with the Seoul Family Court C case.

(B) from the following, the above lawsuit is referred to as “instant divorce lawsuit” (e).

On October 20, 2016, in the instant divorce lawsuit, the judgment was rendered on October 20, 2016 that “the Defendant and D are divorced, each claim for consolation money shall be dismissed, and D shall pay to the Defendant a property division of KRW 10 million and damages for delay.”

F. On January 12, 2017, the Plaintiff’s employee F is the Defendant of KRW 770,000 (of note, the amount including additional dues) that “1. contingent fees are paid” (Contents: 7% of the amount that is paid by division of property).

2. Public imposts of 7,400 won following the provisional seizure, execution or cancellation of real estate; and

3. The e-mail sent to the effect that the above sum of KRW 777,400 is paid.

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4, Gap evidence 7, Eul evidence 1, whole purport of oral argument

2. Assertion and determination

A. According to the facts acknowledged prior to the determination of the success fee in the principal lawsuit of the divorce lawsuit of this case, the Defendant is the Plaintiff pursuant to the contingent fee agreement stipulated in the delegation contract of this case.

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