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(영문) 청주지방법원 2018.01.17 2017나13206
약정금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Determination as to the cause of claim

A. The Defendants were subject to the Seoul Central District Prosecutor’s Office’s respective disposition of suspending indictment on each of the violations of the Marriage Brokerage Management Act (hereinafter “instant disposition of suspending indictment”) regarding the case of violation of the Marriage Brokerage Management Act (No. 2014 type 45215).

B) On September 17, 2015, Defendant B entered into a contract on delegation of a lawsuit with the Plaintiff, who is an attorney-at-law and the instant constitutional complaint seeking revocation of the suspension of indictment, etc., by setting the contract amount of KRW 5.5 million on the date of the contract. C) On September 30, 2015, the Plaintiff on behalf of the Defendants, prepared and submitted to the Constitutional Court an application for constitutional complaint regarding the instant constitutional complaint, including the revocation of the suspension of indictment (2015Hun-Ma963).

[Based on the fact that there is no dispute, Gap evidence 1-1-3, and the purport of the whole pleadings, the judgment of the court below is established. The defendant Eul is obligated to pay to the plaintiff the amount of 5.5 million won agreed upon and the amount of 5% per annum under the Civil Act from September 18, 2015 to September 12, 2016, the delivery date of a copy of the complaint of this case from September 12, 2016, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. (B) The defendant Eul filed a lawsuit against the defendant C claiming damages (hereinafter referred to as the "damage of this case") by the Seoul Southern District Court Decision 2014Ga223845, Jul. 14, 2014 (the above part concerning the agreed amount of damages claim based on the delegation contract for damages case).

) Article 2 (Agreements and Advance Payments) sets forth the agreed amount of the delegated affairs as KRW 6.6 million, and pay the gold amount as KRW 6.6 million to you: Provided, That the retainer shall not be requested to return even if the termination of delegation or any other cause has occurred. Article 5 (Public Remuneration ① The success of the delegated affairs shall be classified as follows:

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