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(영문) 서울중앙지방법원 2017.04.19 2016가단5187935
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 24,88,100 and the interest rate of KRW 15% per annum from December 3, 2016 to the date of full payment.

Reasons

Basic Facts

On November 9, 2015, the Plaintiff included a provisional attachment between the Defendant and the Plaintiff’s agent in a litigation case, such as divorce against B, within the scope of his/her duties.

Remuneration shall be the retainer fee and the contingent fee, and KRW 13,00,000 (excluding value-added tax) shall be paid at the time when a delegation contract is concluded, and the contingent fee shall be 5% of the amount paid from B (excluding value-added tax) within seven days after the judgment of the first instance is rendered.

All expenses incurred in relation to provisional seizure, such as stamp fees and service fees, necessary for the management of entrusted affairs, shall be borne by the defendant.

In concluding the delegation contract for the litigation affairs entrusted, the following agreements were made.

On November 30, 2015, the Plaintiff filed an application for provisional seizure of real estate against B by preparing necessary documents, etc. under the delegation contract, and received a decision of provisional seizure of real estate with the claim claim amounting to KRW 1,000,000,000, and KRW 80,000,000, and subsequently filed a lawsuit for divorce, etc. against B by the Incheon District Court 2015ddan109737, Dec. 17, 2015.

On February 15, 2016, the Plaintiff filed a lawsuit for divorce, etc. and attempted to mediate with the other party, and the conciliation was concluded. On February 15, 2016, the Plaintiff rendered a decision to recommend reconciliation with the purport that the Defendant shall receive the registration of transfer of ownership from B on cash 400,000,000 won, and the fourth floor C of Yeonsu-gu Incheon Metropolitan City, Incheon (hereinafter “C real estate”) and D 348.3 square meters (hereinafter “D real estate”).

On the other hand, after filing a claim for divorce, etc., the Plaintiff requested the Defendant to take protective measures to prevent harm from the Defendant’s husband B, and agreed to receive KRW 3,300,000, including retainers and contingent fees, and filed an application for the order to protect the victim of the assault case on February 19, 2016.

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