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(영문) 서울동부지방법원 2016.01.14 2014가단29538
약정금
Text

1. The Plaintiff:

A. The Defendants each KRW 749,999 and each of them against Defendant B and C, from May 23, 2014.

Reasons

1. Facts of recognition;

A. There are opinions among the members of the E-Mutual Aid Association (hereinafter “Mutual Aid Association”) to file a lawsuit for damages against the Republic of Korea. The Defendants led and led by the Defendants that “the Plaintiff, a lawyer, who wishes to delegate the lawsuit to the Plaintiff, and the member who wishes to participate, sent necessary documents and expenses for the lawsuit” on the Internet car page of the Mutual Aid Association. Accordingly, 307 members of the Mutual Aid Association sent documents and expenses, such as a certified copy or abstract of resident registration, to Defendant B and C, etc. according to such announcement.

B. In March 2014, the Defendants entered into a contract with the Plaintiff (1946 students) on the first instance court of the damages claim case with respect to the Republic of Korea, which was the establishment of Defendant C’s high school and was an attorney-at-law from 1979. The relevant content of the contract entered into at the time is as follows.

[Purpose] Article 1 [Purpose] The defendants delegate the handling of the above case to the plaintiff on behalf of the mandators in the annexed list, and the plaintiff accepts it.

The defendants may delegate or transfer their authority to the delegating person participating in the lawsuit at any time, and shall obtain prior consent from the plaintiff for this purpose.

Article 4 [Mandatary's Duties] The Plaintiff, as an attorney-at-law, shall manage the affairs delegated to him/her with due care according to the terms and conditions of delegation, based on the rights and duties prescribed

The plaintiff shall consult with the defendants on major issues and shall make every effort to perform delegated affairs while accepting the defendants' opinions.

Article 5 [Supplementary Remuneration] (1) The Defendants shall pay 100,000 won per participant in the lawsuit (excluding value-added tax) to the Plaintiff as the retainer fee, and the schedule of payment shall be separately agreed between the Plaintiff and the Defendants.

[Expenses] Article 8 [Bearing of Expenses] The defendants shall deposit KRW 500,000 as service charges, appraisal fees, prepayment fees, deposit money, animal feed, travel expenses, and other necessary actual expenses necessary for the plaintiff to handle delegated affairs. The plaintiff shall also deposit KRW 500,00.

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