logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.07.22 2013가합535719
약정금
Text

1. The Defendant’s KRW 135,842,620 among the Plaintiff and KRW 102,842,620 among the Plaintiff, shall be KRW 33,00,000 from August 15, 2013.

Reasons

1. Basic facts

A. The plaintiff is an attorney-at-law, and the defendant is an autonomous management body consisting of the occupants in order to manage the B apartment (hereinafter "the apartment of this case") with 20 Dong-dong 1,084 as well as incidental facilities located in Si/Y-si.

B. 1) The Defendant, a business entity which constructed and sold the instant apartment building, is D and E Co., Ltd. (hereinafter “E”).

F Co., Ltd. (hereinafter referred to as “F”) and the F Co., Ltd. (hereinafter referred to as “F”).

2) The Plaintiff filed a claim against the Plaintiff for damages against defective defects in the instant apartment (hereinafter “instant premise lawsuit”).

(2) On March 5, 2012, a public tender for the selection of an attorney to conduct the instant premise lawsuit (hereinafter “instant tendering procedure”) is decided to file a lawsuit, and is called a public tender for the selection of an attorney to conduct the instant premise lawsuit (

(1) The G Co., Ltd. (hereinafter referred to as “G”)

(2) On April 4, 2012, the Defendant concluded a litigation delegation agreement (hereinafter “instant delegation agreement”) between the Plaintiff and the Plaintiff to calculate the cost of repairing defects, etc. based on G’s technical knowledge, and to delegate the work of performing the instant premise lawsuit (hereinafter “instant delegation agreement”).

The main contents of the above delegation contract are as follows:

Article 3 (Costs of Litigation, etc.) (1) A B (referring to the plaintiff; hereinafter the same shall apply) shall pay for all the costs of litigation, such as stamp fees, delivery fees, court verification and appraisal fees, guarantee deposit money, execution costs, and other expenses necessary for the handling of delegated affairs.

However, the above litigation costs, etc. paid by Eul, which are not included in the success fees of Eul, shall be recovered in favor of Eul (including provisional execution), and the litigation costs received from the Defendants of the instant premise lawsuit upon application for the determination of the amount of litigation costs, shall be paid to Gap (referring to the Defendant; hereinafter the same shall apply).

(2) Where B loses all the costs of lawsuit, it shall not be claimed against A.

arrow