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(영문) 서울중앙지방법원 2019.04.05 2018나4917
약정금 등
Text

1. The plaintiff (Counterclaim defendant) against the defendant (Counterclaim plaintiff) law firm B, including a claim changed at the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance (1. 1.). Thus, this part of the basic facts is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim on the principal lawsuit

A. (1) The Plaintiff’s assertion (A) entered into the instant agreement with the Defendant bank, and carried out the business of acting as an agent for the Defendant bank’s payment order and the lawsuit on the merits. From the end of September 2014 to October 10 of the same year, the Plaintiff prepared and received 114 cases in the application for payment order, and 14 cases in the merits, respectively, to the court. ② The Plaintiff paid the stamp, delivery fee, and transit certificate for the above cases (hereinafter “c) and paid the expenses by substitute for the stamp, delivery fee, and transit certificate for the above cases (hereinafter “c) and the Defendant bank’s case handled by the law firm L prior to the conclusion of the instant agreement. The Plaintiff paid the expenses by being transferred to the case of the Defendant bank handled by the law firm L before the conclusion of the instant agreement and estimated the expenses by referring it to the case for which the Plaintiff applied for payment order, and the Daejeon District Court M et al.

(3) Accordingly, the Defendant bank asserts that the Plaintiff is KRW 6,960,00 (=5,70,000 won + KRW 1,570,000) (=14 cases in the payment order x 50,000 won) (=14 cases in the case of the payment order x 90,000 won) (i.e., KRW 14 cases in the case of the merits x 90,00 won when the payment order under the agreement in the case of the instant case is referred to as the merits, and that the fees for the attorney’s attendance at the case of the merits are KRW 80,00,00,000 in the case of the merits, and thus, the fees for the attorney’s attendance at the case of the merits are KRW

[) A total of KRW 13.75 million (=a total of KRW 7.310,00,000,000 for stamp, etc.) (i.e., KRW 5., KRW 1.168,00 in total) and KRW 3,3410,00 in total for stamp, etc. (i.e., KRW 5., KRW 1.2.80,00 in total), and (ii) delivery of a written complaint.

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