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1. The defendant shall pay 68,530,000 won to the plaintiff and 15% per annum from January 29, 2016 to the day of full payment.
Reasons
1. Basic facts
A. The Defendant and C Law Firm concluded on March 5, 2015 a “case delegation contract” under which D, with respect to the case of confirmation of existence of obligation (hereinafter “Delegation case”) filed against the Defendant by this Court against the Defendant, the law firm C agreed to act on behalf of the Defendant, on behalf of the Defendant.
The above contract (hereinafter referred to as “instant contract”) has the following provisions:
◎ 피고는 법무법인 C에게 착수보수 12,000,000원(부가가치세 포함)을 지급하되, 5,000,000원은 본 계약 체결과 동시에, 나머지 7,000,000원은
4. It shall be paid after 23.
◎ 위임사건의 처리가 판결, 재판상 내지 재판외 화해(화해권고결정 포함), 조정(조정에 갈음한 결정 포함) 등으로 성공한 때에는 다음에 의하여 성과보수를 지급하기로 한다.
An amount equivalent to 7% of the economic profit acquired by winning (excluding value-added tax).
B. The Plaintiff, the representative attorney of the law firm C, performed the litigation of delegation case as the defendant's representative.
A law firm was dissolved on July 31, 2015, and thereafter the plaintiff continued to conduct the case of delegation by opening the "Law Office E".
C. The purport of the delegation case was to seek confirmation of the absence of a debt against D based on the monetary loan agreement dated January 7, 2008 between D and the Defendant and the monetary loan agreement dated March 3, 2009. However, in the delegation case on November 16, 2015, the following adjustment was established:
1. The defendant confirms that D is liable for the borrowed amount of KRW 400,000,000.
2.D affirms that the Defendant has the obligation to pay 890,000,000 won borrowed.
3. D and the defendant shall set off each of the obligations referred to in paragraphs 1 and 2 above at an equal amount.
4. D By January 8, 2016, the aforementioned difference of KRW 490,00,000 shall be paid to the Defendant by depositing it in the deposit account (number F) in a new bank under the name of the Defendant. If D delays payment, it shall be paid on January 9, 2016.