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(영문) 서울중앙지방법원 2014.07.16 2014가합7457
성공보수금
Text

1. The defendant shall pay 136,530,800 won to the plaintiff and 20% per annum from October 24, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On April 16, 2012, the Plaintiff was delegated by the Defendant with the duty of representation in a lawsuit on a warranty bond and a claim for damages in lieu of defect repairs on a stimulative apartment (hereinafter “instant apartment”) with respect to a stimulative-ro 7, stimulsive-ro apartment (hereinafter “instant apartment”).

B. In the instant delegation, the Plaintiff and the Defendant agreed on the burden of litigation costs, the retainer and the payment of contingent fees as follows.

All the litigation costs, such as stamp fees and appraisal fees, shall be paid first on behalf of the defendant.

The defendant shall not pay the plaintiff the commencement money for the delegation of the lawsuit.

Upon receipt of a judgment, etc. by agreement, mediation, reconciliation, judgment, etc., the defendant shall pay the plaintiff the contingent fee and the costs of lawsuit first paid by the plaintiff within 15 days thereafter.

A contingent fee shall be 20% (excluding surtax) of the amount actually paid by the plaintiff, where the appraisal cost is terminated by agreement, mediation, judgment, etc. after a lawsuit is filed and the appraisal cost is paid.

Where the defendant fails to pay the contingent remuneration and litigation costs within 15 days after he/she received the judgment, etc., the interest for arrears calculated at the rate of 20% per annum from the following day shall be paid in addition to

C. The Plaintiff filed a lawsuit on April 20, 2012 on behalf of the Defendant (hereinafter “previous lawsuit”) claiming the warranty bond for the instant apartment, the warranty bond for the repair of defects, and the compensation for damages in lieu of the repair of defects, on behalf of the Defendant. On August 22, 2013, there was a decision in lieu of conciliation in the lawsuit (hereinafter “instant decision”). The said decision became final and conclusive on September 11, 2013.

On October 8, 2013, the Defendant received 487,700,000 won, which is the amount determined by the instant decision from the other party to the previous lawsuit.

E. The Plaintiff’s appraisal fee of KRW 42,130,00 in the previous litigation process = the first appraisal fee of KRW 39,600.

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