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(영문) 서울동부지방법원 2019.06.28 2018가단137543
약정금
Text

1. The Defendant’s KRW 6,500,000 as well as the Plaintiff’s annual rate of KRW 5% from December 5, 2018 to June 28, 2019.

Reasons

1. Basic facts

A. On June 8, 2018, the Defendant filed a lawsuit seeking divorce, etc. against C, who is the husband (the Seoul Family Court D; hereinafter “instant divorce case”). On June 4, 2018, the Plaintiff delegated the Defendant with the performance of litigation regarding the instant divorce case on June 4, 2018.

B. The main contents of the litigation delegation contract concluded between the Plaintiff and the Defendant (hereinafter “instant litigation delegation contract”) are as follows.

Article 5 (Remuneration for Performance)

(a) When the delegated affairs of contingent remuneration have succeeded to a judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:

The amount equivalent to 7.7% of the economic value recognized as division of property and consolation money (including additional tax) shall be paid within one week when a judgment or judicial compromise is finalized.

(b).

Where a winning is deemed to have won: He/she shall be deemed to have won in the following cases, and shall pay the amount of contingent remuneration prescribed in the above paragraph (a):

(hereinafter “instant winning clause”). (1) When the Plaintiff has invested considerable efforts to perform delegated affairs, and the Defendant voluntarily waived or admitted a claim, withdraws a lawsuit, or withdraws an appeal, after the Plaintiff has voluntarily withdrawn a claim.

C. On September 20, 2018, when the divorce case of the instant case was pending, the Defendant submitted to the court a written withdrawal of the lawsuit concerning the said case without the Plaintiff and concluded the said case as the withdrawal of the lawsuit.

In the complaint of the divorce case of this case, the defendant claimed for divorce, consolation money of KRW 50,00,000 and delay damages therefor, and damages for delay as property division, and damages for delay therefrom.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 3 (including provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The gist of the Plaintiff’s assertion has invested considerable efforts to deal with the case delegated by the Defendant.

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