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(영문) 서울동부지방법원 2015.01.28 2014가단18903
약정금
Text

1. The Defendants are jointly and severally liable to each of the Plaintiffs for KRW 39,553,508 and KRW 35,957,735 among the Defendants.

Reasons

1. Facts of recognition;

A. On February 20, 2012, the Defendants entered into a contract with the Plaintiffs to delegate the legal representation of the first instance trial in the lending case filed against F, G, guarantor, etc. (hereinafter “instant delegation contract”) with the Plaintiffs as the heir of the network E (Death January 26, 2012), and paid the Plaintiffs KRW 7,700,000 (including value-added tax) on the same day.

According to Article 6 of the delegation contract of this case, when the Defendants won the case with respect to delegated affairs, the amount equivalent to 15% of the value of economic benefits acquired by winning the case shall be paid as contingent fees.

B. On April 13, 2012, the Plaintiffs filed a lawsuit against F. 2012 Gohap30453 (hereinafter “instant lawsuit”). On June 21, 2013, the said courts jointly and severally held to the Defendant, F. (Joint and Several Guarantees) and G. (the principal debtor) for KRW 88,88,888, and the amount at the rate of KRW 18% per annum from the following day to the date of full payment; KRW 20% per annum from the next day to the date of full payment; KRW 208,00,000,000, and KRW 888,8888,888,00 per annum from the same day to the date of full payment; and KRW 208,00,000 per annum from the next day to the date of full payment; and KRW 188,585,00 per annum from the date to the date of full payment.

C. On July 15, 2013, the Defendants paid KRW 10,000,00 to the Plaintiffs.

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