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(영문) 서울남부지방법원 2016.11.08 2016가단224712
양수금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 10,00,000 and 5% per annum from November 28, 2015 to November 8, 2016.

Reasons

1. Facts of recognition;

A. On February 4, 2015, D, an attorney-at-law, concluded a litigation delegation contract (hereinafter “instant delegation contract”) with respect to the case of a provisional attachment application filed by E against the Defendants and the case on the merits as follows.

Article 6 (Advanced Payment) (1) The Defendants shall pay to D a sum of three million won (value-added tax separately) at the same time as the delegation contract is concluded.

Article 7 (Additional Fees of Value-Added Tax), Article 7 (Additional Fees of Value-Added Tax)

(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:

(2) An amount equivalent to 21 =3% of the value of economic benefits acquired in favor of a winning party (excluding value-added tax).

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

(2) Where the other party voluntarily waives or recognizes a claim, withdraws a lawsuit, or withdraws an appeal as a result of the F performance of an action, where the other party voluntarily waives or recognizes a claim, withdraws a lawsuit, or withdraws an appeal (in cases where the other party reduces the purport of the claim or appeal due to such circumstance, it shall be deemed that the reduced part has been successful).

B. On February 26, 2015, F filed an objection to provisional seizure against Defendant C as the debtor’s agent on the provisional seizure of the real estate, under which Party F submitted a written answer on February 25, 2015, as the debtor’s agent, with regard to the return of shares in the Chuncheon District Court 2015Kahap48 against the Defendants of Party E, F submitted a written reply on February 25, 2015, as the Defendants’ agent, after submitting the letter of delegation of the lawsuit, and was present on the date of pleading 5.

C. The above case of refund of equity interest.

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