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(영문) 서울중앙지방법원 2017.09.13 2017가단5050351
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 32,617,904 and the interest rate of KRW 15% per annum from December 9, 2016 to the date of complete payment.

Reasons

1. The allegations and judgment of the parties

(a)as shown in the reasons for the attachment of the claim;

(However, the creditor's "the plaintiff and the debtor" are deemed to be the defendant). 【The ground for recognition' does not have any dispute, the entries in Gap evidence 1 to 9 and the purport of the whole pleadings.

B. The Defendant’s assertion 1) First of all, the Defendant asserts that the performance bonus agreement of this case is an agreement to pay 10% of the amount equivalent to the 10% of the amount of contingent remuneration in the Suwon District Court 2013Kahap9119 where the Defendant actually received money from Defendant C through civil action or criminal complaint, and that the Defendant cannot respond to the Plaintiff’s claim unless there is any amount repaid or collected from Defendant C. However, in light of the nature of the delegation agreement of this case, the principle of representation at the court, clarity as the basis for calculating remuneration, etc., the “economic benefits acquired in favor of the Defendant” under the delegation agreement of this case means, unless there is any agreement between the parties, not the net profit ultimately reverted to the Defendant through the subject lawsuit, but the economic benefits according to the order of the judgment that would be received as a result of the Plaintiff’s performance under the delegation agreement of this case. contrary to what is alleged by the Defendant, there is no evidence to acknowledge that the Defendant concluded the “10% of the amount of winning the contract actually received by the delegating person” with the other party.

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