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(영문) 서울고등법원 2015.12.18 2015나2027154
부당이득금
Text

1. Of the principal lawsuit in the judgment of the court of first instance, KRW 106,00,000 against the Plaintiff (Counterclaim Defendant) and this is accordingly.

Reasons

1. Fact that there is no dispute over the facts of recognition [based for recognition], entries in Gap evidence 1 through 3, 9, 11 through 17, 19, Eul evidence 5 (including each number), and the purport of the whole pleadings;

A. The Plaintiff is a law firm with the purpose of performing duties of attorney-at-law. The Defendant is a specialized safety diagnosis institution under the Special Act on the Safety Control of Public Structures for the purpose of checking and inspecting civil and construction facilities.

- In the case of this case, Article 1 (Conferment of Authority) A of the lawsuit claiming damages due to defects, defects, defectiveness, unconstruction, and erroneous construction of each apartment and attached facilities of this case (hereinafter “A”) refers to the council of occupants’ representatives of each apartment of this case, “B” refers to the plaintiff, and “A” refers to the defendant, respectively.

shall delegate the authority stated in a separate letter of delegation of a lawsuit to the above agency in order to handle the above agency affairs.

Article 3 (Costs of Litigation) A shall pay the stamp fees, service fees, court appraisal fees, etc. necessary for the handling of delegated affairs to B and then deduct the actual expenses thereafter.

Article 4 (Provision of Materials) (3) B shall obtain technical questions of enlisted Personnel to prepare the above lawsuit, conduct the lawsuit, and seek advice and cooperation from time to time, if necessary.

(4) Soldiers shall faithfully comply with the request for technical advice from Eul.

(5) B and C shall actively comply with A's request for legal advice and technical advice.

Article 5 (Assistance Fees) (1) A shall pay to B the amount of the judgment or the amount of mediation as contingent fees after the final judgment is sentenced or adjusted:

The rate of winning or adjusting the amount of winning or adjusting the amount: The ratio of winning or adjusting the amount shall be as specified in the separate sheet.

1% (including contingent fees) (2) The amount of the judgment or the amount of the adjustment shall be determined by the court on the success fees as provided in paragraph 1 (including technical advisory fees) and the appraisal fees, stamp fees, delivery fees, and fees paid to the court of litigation as provided in Article 3.

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