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1. The Defendant shall pay to the Plaintiff KRW 32,453,881 and interest rate of KRW 15% per annum from July 21, 2017 to the day of complete payment.
Reasons
Basic Facts
On July 14, 2014, the Plaintiff entered into a delegation contract with the Defendant as an attorney-at-law as follows:
(hereinafter “instant delegation agreement”). The Defendant delegated the Plaintiff with the representation of the first instance court on the five cases, including C counterpart Seoul Southern District Court 2014Kahap7149 agreed amount (hereinafter “instant litigation case”), which was decided by the court, to the Plaintiff, and the Plaintiff handles these cases without the commencement and repair thereof.
Where winning in the litigation case of this case, the defendant shall pay to the plaintiff the amount equivalent to 10% of the value of the economic profit acquired as a performance bonus.
On January 15, 2015, the Plaintiff was rendered a favorable judgment or was ordered to pay all the above five litigation cases, and among which, on the instant litigation case, the court rendered a full favorable judgment that “C shall pay to the Defendant the amount calculated at the rate of 20% per annum from June 4, 2014 to the day of full payment” with respect to “C shall pay the Defendant the amount of money calculated at the rate of 20 million won per annum from June 4, 2014 to the day of full payment,” and the above judgment was finalized as it is after the appellate court’s dismissal judgment.
[Reasons for Recognition] There is no dispute. According to the above fact that there is an obligation to pay contingent remuneration for the reasons for the claim of Gap's evidence 1 through 8, and according to the above fact that there is an obligation to pay contingent remuneration for the entire purport of the argument, the defendant is liable to pay the plaintiff the agreed performance remuneration and its delay damages.
Furthermore, in relation to the amount of remuneration, the economic benefit that the Defendant gains from winning the instant case is calculated by applying the rate of 20,000,000 won to 124,538,812 won per annum from June 4, 2014 to July 15, 2017, which the Plaintiff seeks from June 4, 2014 (= KRW 200,000,000x 20%x 31/121/365). The sum of KRW 324,538,812 won (= KRW 200,000,000, KRW 124,538,812), and the economic benefit amount equivalent to 10% from June 4, 2014 to July 15, 2017 = 32,453,81 won, namely, KRW 81,324,324.