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(영문) 서울중앙지방법원 2019.08.21 2018나82634
성공보수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. Status 1) C Co., Ltd. (hereinafter “C”)

) The apartment D of the Incheon Free Economic Zone D (hereinafter “instant apartment”).

(E) is the contractor and the truster of a new project and the E (hereinafter “E”)

(2) On January 10, 2010, after the sale contract of the instant apartment from E, the purchase price of the instant apartment was changed to H. The Defendant is a trustee entrusted with the sale of the instant apartment from C. The purchase price of the instant apartment was changed to H. The Plaintiff is a former attorney-at-law of the law firm G.

B. The number of buyers of the instant apartment, including the Defendant who entered into the instant delegation contract, entered into a delegation contract with the law firm G on the cancellation of the instant apartment sale contract, compensation for damages, return of unjust enrichment, etc. (hereinafter “instant delegation contract”). Of them, the content of the agreement on the contingent remuneration, etc. is as follows.

Article 1 (Scope of Appointment) (1) : (4) Case of so-called I (Cancellation and Termination of Contract for Sale in Lots, Compensation for Damages, Return of Unjust Enrichment, etc.): Case of the above case: Article 3 (Remuneration) A of the entire litigation and preservation litigation in the first instance trial of the above case / [Defendant] shall pay remuneration and litigation costs to Eul (Law Firm G] as follows:

(2) contingent fees

1. 6% (including surtax; hereinafter the same shall apply) of "the difference calculated by subtracting the market price appraised from the sale price of an apartment from the sale price" when accepting a claim for cancellation or cancellation of a contract;

2. When accepting a claim for damages or a claim for reduction of the sale price, the amount calculated at the following rates by applying the following rates to the economic benefit value - 7% of the economic benefit value - 8% of the sale price to 5% but not more than 10% of the sale price: 9% of the sale price to 10% but not more than 15% of the sale price: 10% of the economic benefit value to 15%: 10% of the sale price to 15%:

3. Time of payment: When money is received.

C. The Plaintiff, as an attorney G law firm G, is the Plaintiff on January 1, 201.

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