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(영문) 서울남부지방법원 2016.01.27 2014가단61870
채무부존재확인
Text

1. The amount of attorney’s fees owed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is indicated in paragraph (2) below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 7, 2012, the Plaintiff: (a) between C and C, “C” shall take the procedure for the registration of ownership transfer for one-half portion of 1104 square meters (hereinafter “instant land”) prior to Chuncheon City, D; and (b) shall pay to the Plaintiff the remainder of KRW 95 million,00,000,000,000, which is the Plaintiff’s share, deducted from the amount of money already paid, out of the compensation for expropriation for 2481 square meters (hereinafter “instant land”), which is the land prior to the subdivision of the instant land, immediately after the sale of the instant land; and (c) shall pay damages for delay at the rate of 20% per annum from July 1, 2013 to the date of full payment.”

B. Around October 2013, the Defendant, an attorney-at-law, was delegated by the Plaintiff with the duties of provisional attachment, provisional disposition, and principal lawsuit in relation to the Plaintiff’s claim against C for the implementation of the terms of the instant agreement.

(hereinafter referred to as “instant delegation”). (c)

In the delegation of this case, the Plaintiff and the Defendant agreed to pay the Defendant the amount of KRW 5,00,00 (excluding value-added tax) as the retainer fee, the amount equivalent to 20% of the economic benefit (including interest in arrears and all benefits as stated in the written judgment) gained in favor of the Plaintiff as the contingent fee (excluding value-added tax), and the retainer fee was to be paid at the time of payment of the contingent fee.

The Defendant, as the Plaintiff’s legal representative on March 12, 2014, filed a lawsuit against C, including the Plaintiff’s filing of a claim for ownership transfer registration, etc. with the Chuncheon District Court 2014Kahap369, Jul. 16, 2014 without holding any pleadings from the said court, “C” without holding any pleadings against the Plaintiff. The procedures for ownership transfer registration due to sale on June 7, 2012 with respect to one-half portion of the instant land are 95,00,000 won, and 20% per annum from July 1, 2013 to the date of complete payment.

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