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(영문) 서울중앙지방법원 2019.11.08 2019나2437
성공보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant is a person who purchased C apartment units (hereinafter “instant apartment”) No. D, and the Plaintiff was an attorney-at-law affiliated with the law firm E.

B. On September 28, 2011, the Defendant entered into a contract with Law Firm E for delegation of a lawsuit (hereinafter “instant delegation contract”) stipulating the scope of acceptance and remuneration as follows.

Article 1(1) (Scope of Deposits: (2) Other party to the so-called F case (e.g. cancellation and termination of the sale contract, damages, unjust enrichment claim, etc.): Indication of the competent court, agency, etc. of the apartment seller, Korea, Incheon Metropolitan City, Korea Land and Housing Corporation, G Corporation, etc. (3): Incheon District Court or Seoul District Court (4) case scope of acceptance: 200,000 won (including additional tax) contingent fees for the first instance lawsuit and the preservation lawsuit;

1.The amount calculated at the following rates by applying differential rates by economic gains value - below 5 per cent: 7 per cent of the economic gains (including surtax; hereinafter the same shall apply) - The economic gains value exceeding 5 per cent but not exceeding 10 per cent: 8 per cent of the economic gains value - the economic gains value exceeding 10 per cent but not exceeding 15 per cent of the parcelling-out price: 9 per cent of the economic gains value exceeding 15 per cent: 10 per cent of the economic gains value.

2. Time of payment: Receipt of money.

C. The total number of buyers of the instant apartment including the Defendant filed a lawsuit against H (hereinafter “H”) and I Co., Ltd. (hereinafter “I”) seeking the refund of the sale price (hereinafter “related lawsuit”), which is the commencement of the instant apartment construction and sale business. Law firms E represented 354 of the entire litigants at the first instance court in accordance with the delegation contract with the buyers of the contents of the instant delegation contract, such as the instant delegation contract, on behalf of all the 354 buyers, pursuant to the delegation contract with the Plaintiff. The Plaintiff was an attorney-at-law in charge of the instant lawsuit. The first instance court of the relevant lawsuit was jointly and severally conducted with the Defendant.

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