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(영문) 서울중앙지방법원 2013.06.07 2012가합75197
약정금 등
Text

1. The Defendants and the Defendant (Counterclaim Plaintiff, the designated parties) of the Plaintiff (Counterclaim Defendant, the designated parties) and the remaining designated parties.

Reasons

1. Common facts:

A. From December 2007, the Plaintiff et al. was sold in lots from the Eastyang Construction Industry Co., Ltd. (hereinafter referred to as the “Dongyang Construction Industry”).

B. On December 2010, the Plaintiff et al. concluded a civil case delegation contract with the Plaintiff et al. and the Defendant International Law Firm (hereinafter “Defendant Juristic Person”) to file a lawsuit against the Dongyang Construction Industry on the grounds of defective construction and violation of laws and regulations, etc. to cancel the sales contract and seek the return of the sales price. The Plaintiff et al. concluded the instant delegation contract with the Defendant Corporation, and concluded the instant delegation contract with regard to the first instance trial of civil litigation. (2) At the time of concluding the contract, the Plaintiff et al. paid the amount equivalent to KRW 100,000 won per household as the retainer amount and the performance fee of KRW 50,90,000 per household.

3) Under the above contract, the Defendant corporation filed a lawsuit against the Dongyang Construction Industry as Seoul Central District Court 2010Kahap129144 on behalf of the Plaintiff, etc., and the said lawsuit is currently pending. (c) The Plaintiff, etc., and Defendant corporation entered into the instant delegation contract with the Defendant corporation by seeking revocation of the pre-use inspection disposition on, and suspension of execution of, the apartment (hereinafter collectively referred to as “two administrative cases”) against the Nam Yangyang-ju market on March 201, and filing an application for preservation of, the documents related to the authorization and permission (hereinafter referred to as “application case”).

2) In the case of an administrative case related to remuneration at the time of entering into a contract, KRW 10 million as the retainer fee, and KRW 130 million as the contingent fee ( KRW 10 million as to the execution suspension of execution, KRW 30 million as to the final judgment, KRW 50 million as to the final judgment, and KRW 3 million as to the filing case. The Plaintiff, etc. paid KRW 13,145,00 as to the Defendant corporation around that time, and KRW 13,145,00 as to the retainer fee.

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