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(영문) 서울중앙지방법원 2014.07.25 2013가합83973
성공보수금
Text

1. The Defendant’s KRW 8,766,532 as well as the Plaintiff’s annual rate of 5% from September 28, 2013 to July 25, 2014, and the following.

Reasons

1. Facts of recognition;

A. On October 5, 2005, the Defendant concluded a contract for the construction of the housing reconstruction and reconstruction project (hereinafter “the instant construction contract”) and a construction contract for the construction of the road promotion apartment (hereinafter “the instant construction contract”) with the housing reconstruction and improvement project association established in order to remove eight apartment units and one commercial building units on the ground of non-party 298-1, Gangdong-gu, Seoul Metropolitan Government 298-1, and newly construct a new apartment on the ground.

B. Treatment Construction commenced on July 16, 2007 under the instant construction contract, and obtained authorization of completion on March 12, 2010.

C. After the completion of the aforementioned construction project, the Defendant sought reimbursement of excess sales revenue, supervision expenses, administrative consulting service expenses, accounting tax-free service expenses, cooperative operation expenses, value-added tax, etc. from the Construction of Treatment Construction in accordance with the instant construction contract and the instant additional agreement. On December 8, 2011, the Plaintiff and the Defendant entered into a delegation contract for litigation affairs (hereinafter “instant delegation contract”) with respect to the instant case, such as refund of settlement money brought against the construction of treatment in the future (hereinafter “instant delegation contract”).

The main contents of the above contract are as follows:

I agree that you shall delegate to you the affairs of agency for litigation to the first instance court on the above case and shall comply with the following:

Article 1 (Conferment of Authority) In order to perform the above agency affairs, the authority stated in a separate certificate of delegation of a lawsuit shall be conferred to you.

Article 2 (Advanced Payment) The gold-day,000,000 won (15,00,000 won) (excluding value-added tax) shall be paid to He/she from the commencement of delegated affairs.

except that this commencement shall not be claimed for return even if the delegation is cancelled or any other cause occurs.

Article 3 (Expenses) The stamp fee, delivery fee, expenses for recording copying, expenses for verification and appraisal, expenses for witness travel, travel expenses, travel expenses for business trip, guarantee deposit, execution expenses and other costs of lawsuit necessary for the handling of delegated affairs shall be paid immediately as requested by the person who has returned.

Article 5 (Assistance Remuneration)

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