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(영문) 서울중앙지방법원 2020.05.27 2019가단5165950
약정금
Text

1. The Defendant’s KRW 5,884,632 as well as the Plaintiff’s annual rate from May 9, 2019 to July 31, 2019, and the following.

Reasons

1. Facts of recognition;

A. On October 2016, the Plaintiff entered into a delegation agreement with the Defendant to compensate for losses on the land owned by the Defendant and obstacles included in the redevelopment project of the zone D zone (hereinafter “instant delegation agreement”) with the Plaintiff and to pay the Defendant’s remuneration. The main contents are as follows.

Article 2 (Advanced Remuneration) The remuneration to be paid by Party A (the defendant; the same shall apply hereinafter) to Party B (the plaintiff; the same shall apply hereinafter) for each delegated affair shall be as follows:

(1) Increase in compensation: No compensation;

(2) Selection of a person subject to relocation measures: not.

(3) Action for project cost contributions: not to be made.

Article 3 (Public Official Fees) (1) Where a compensation has been increased, A shall pay the contingent remuneration (excluding additional dues) in accordance with the following conditions to B whenever each stage (Article 3(Public Official Fees) is terminated (Article 3(Public Official Fees).

The amount increased by 8% of the amount increased in the first ruling of acceptance shall be increased by 13% in the third administrative litigation of the amount increased by 8% in the second ruling of acceptance. Article 4 (Disposal Costs of Entrusted Affairs) 1, including the remaining land value decline, delay damages, and omitted portion, 1, in advance, the total costs of handling delegated affairs of Gap, separate from the above remuneration, shall be paid in advance.

However, if compensation is increased, A shall pay to B the cost of advance payment (applicable only to appraisal fees, stamp fees, and delivery fees) after the completion of the case, along with the success remuneration under the preceding Article.

Article 9 (Matters of Special Agreement) A shall pay contingent fees within 14 days from the date of receipt of a written request for contingent fees dispatched by B.

B. The Plaintiff processed the affairs related to the adjudication of expropriation in accordance with the delegation agreement of this case, and as a result, the compensation for losses at the stage of the adjudication of expropriation for the land and obstacles owned by the Defendant was increased by 635,052,640 won, compared to the amount provided at the

C. On April 22, 2019, the Defendant notified the Plaintiff that the instant delegation contract should be terminated after the result of the said acceptance ruling was notified, and the Plaintiff is above.

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