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(영문) 대전지방법원 2019.09.20 2018나113896
용역비
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 11, 2015, the Defendant entered into a delegation contract (hereinafter “instant contract”) with the Plaintiff and the attorney-at-law to the effect that the term of the contract is “when the litigation affairs entrusted from the date of conclusion of the contract are completed (the time of termination by negotiation or by final and conclusive judgment)” and paid KRW 10 million to the Plaintiff and the attorney-at-law in the lump sum.

The plaintiff's case acceptance service: the case acceptance service of the attorney-at-law for technical assistance such as defect diagnosis service: the litigation response and lawsuit filing, agreement mediation, reconciliation service, and court appraisal service; litigation costs: All litigation costs incurred in handling the case recommendation following the investigation and investigation (e.g. stamp, delivery fees, court appraisal fees, records copying expenses, travel expenses, compulsory execution expenses, etc.) are to be paid by the attorney-at-law C in lieu of the attorney-at-law. After the judgment of the court of first instance is rendered, the defendant will pay the attorney-at-law separately from the following contingent fees, etc.

The plaintiff's service costs and the attorney's contingent fees shall be 18% (excluding judicial reconciliation, recommendation of reconciliation, mediation, and decision in lieu of mediation) of the winning amount of the judgment of the first instance court (including the decision reduced based on the claim amount of the merits lawsuit filed by the contractor and the defendant's economic benefits) in a lump sum.

Where winning the case: The defendant voluntarily cancels the contract of this case, or the delegation is terminated due to a cause not attributable to C.

At the time of termination of the contract: The plaintiff has no objection even if the contract of this case is terminated by the defendant, where the attorney-at-law failed to perform his/her duty as stipulated in the contract of this case, or considerably neglected delegated duties, such as voluntary waiver of delegated duties, absence of trial date, and neglect of submission of favorable evidence.

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