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(영문) 서울중앙지방법원 2021.01.19 2020나13662
수임계약비용 등
Text

Of the judgment of the first instance, the part against the defendant is revoked, and the corresponding plaintiff's claim is dismissed.

(b) actions;

Reasons

1. Basic facts

A. On December 7, 2018, the Plaintiff entered into a contract with the Defendant for delegation of a lawsuit (hereinafter “instant delegation contract”) with respect to the instant case seeking the return of KRW 50,80,000,000 (hereinafter “instant case”) of the lease deposit deposit in the C Apartment-si, the Busan Special Metropolitan City (U.S.). On December 7, 2018, the Plaintiff paid KRW 5,500,000 (including value added taxes) to the Defendant.

The contents of the delegation contract of this case are as follows (the "A" and the "B" refer to the plaintiff and the defendant, respectively): The client who returns the lease deposit: the plaintiff: the above person: The plaintiff: the principal: The defendant's agent upon entering into the delegation contract of this case: the contingent remuneration of KRW 5 million (excluding value added tax): Upon rendering a judgment of first instance, Article 1 (Purpose) of the above case (excluding value added tax) shall be delegated to the Eul, and Article 1 (Purpose of the above case (hereinafter referred to as the "commission affairs") shall be entrusted to the Eul, and the plaintiff shall be entrusted to the Eul.

Article 2 (Voluntary Scope) Delegation Affairs shall be the first instance court (where the case is terminated due to reconciliation, mediation, withdrawal of lawsuit, withdrawal of appeal or other reasons, the time thereof) of this case.

Article 5 (Advanced Payments) (1) A shall pay B the retainers specified in the terms and conditions of remuneration.

(2) If the attorney-at-law or his/her assistant or the number of his/her attorneys-at-law or his/her assistant engages in the affairs delegated to him/her, such as examination of documents, research, investigation, preparation in writing, and any other cause not attributable to him/her, waiver or acceptance of a claim, waiver or acceptance of a claim, reconciliation or mediation, death of a party, transfer of a subject matter of a lawsuit, cancellation (or cancellation) of a delegation contract, etc.,

However, if necessary, I may adjust it by consultation with Gap and Eul.

Article 6 (Remunerations for Performance) (1) A shall be the whole or part of the present claim due to an adjudication, a judicial compromise (including a decision of recommending reconciliation), a settlement outside a trial (including where a lawsuit or appeal is withdrawn accordingly), a conciliation (including a decision in lieu of conciliation), etc. where the delegation affairs have been successful.

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