Text
1. Of the judgment of the court of first instance, the part against the plaintiff ordering additional payment shall be revoked.
2...
Reasons
1. The reasons why the court is stated in this part of the underlying facts are the same as the corresponding part of “1. Recognition” in the judgment of the court of first instance, and thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, if it excludes the contents stated in the part of the following
Part II of the judgment of the court of first instance (hereinafter referred to as the “instant delegation contract”) shall be subject to the “(hereinafter referred to as the “instant delegation contract of the court of first instance”)” from 10 to 11.
In the fourth instance judgment of the first instance court, the second instance court's "component materials of KRW 40,000,000" in the second instance judgment shall be applied to "component materials of KRW 40,000".
In the fourth instance of the first instance judgment, the portion of the "4% of the value of economic benefits and the amount of contingent fees determined by the delegation agreement of the first instance court" shall be deleted below.
In the fourth part of the judgment of the first instance, the "(the next "the second instance delegation contract of this case")" was added to "(the next "the second instance delegation contract of this case")".
Part V through 4 of the judgment of the court of first instance (hereinafter referred to as “the judgment of the court of second instance”) shall be subject to “(hereinafter referred to as “the judgment of the court of second instance of this case”)”.
2. The summary, issues, and premise of determination of the instant case
A. The preceding lawsuit of this case is a case where the defendant filed a claim for divorce, consolation money, and division of property against the husband C.
The Plaintiff, a law firm, concluded the delegation contract of the first instance court and the delegation contract of the second instance court of this case with the Defendant, respectively, and agreed to pay contingent fees (performance fees) at the time of each delegation contract.
In the first instance court of the instant prior suit, the judgment of accepting part of the claim of the Defendant (the Plaintiff in the instant prior suit) (a claim for divorce, consolation money claim, and division of property) was rendered, but the Plaintiff did not receive the contingent remuneration from the Defendant.
The judgment of the second instance of the instant prior suit is with merit.