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(영문) 서울동부지방법원 2014.07.09 2014가합100953
용역비
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. The Plaintiff (hereinafter “A”) and the Defendant Corporation (hereinafter “Defendant Corporation”) conclude the instant delegation agreement as follows.

Article 2 (Scope of Delegation) The scope of delegation delegated by A to B shall be as follows:

However, subparagraphs 2 through 4 shall be limited to each of the first instances in accordance with the principle of representation by courts.

1. Preparation and dispatch of a written peremptory notice for demanding sale;

2. Lawsuit on the merits of a request for sale (including a request for ownership transfer registration against a person who has not consented, a request for delivery of real estate against a tenant, and a request

3. Provisional disposition prohibiting the disposal of real estate.

4. The provisional disposition prohibiting the possession or transfer of immovables; and

5. Other matters delegated by A to B in connection with a claim for sale to a person who has not agreed to do so, a lawsuit claiming sale of KRW 30,000,000 (value-Added Tax Separate) for the preparation and dispatch of a written peremptory notice for a claim for sale of non-legal expenses which have been set up in Article 6 (Remuneration).

1. In cases of owners: 2,00,000 won per defendant (excluding value-added tax);

2. In the case of tenants: 1,00,000 won per head of the defendant (excluding value added tax)* each of the first instance courts in accordance with the principle of in-depth representation, including provisional injunction against real estate disposal and provisional injunction against the transfer of possession * On the basis of the principle of in-depth representation, A shall pay the commencement and repair to B as follows:

(2) B shall perform the duties of preparing and sending a peremptory notice for requesting sale" immediately after completing the establishment of an association, and A shall pay B the commencement and remuneration specified in paragraph (1) at the same time as the formation of a delegation agreement is concluded.

(3) “A” shall commence the business of filing a lawsuit for sale claim immediately after the completion of most of the “business of preparing and sending a peremptory notice for the claim for sale”; “A” to be paid to B shall be calculated on the basis of the date two months elapse from the date on which the establishment of the juristic person is registered; and even in the case of partial filing of a lawsuit, withdrawal of a lawsuit, mediation agreement outside the litigation, etc. for reasons not attributable to B, A shall pay B the retainer remuneration; and the retainer remuneration already paid shall be claimed for the return thereof.

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