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(영문) 서울중앙지방법원 2014.05.22 2014가단53774
용역비
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 8, 2009, the Plaintiff and the Defendants agreed to give technical advice to the Plaintiff in litigation (hereinafter “instant agreement”) with respect to the claim suit, such as the defect, defect, defect, defect, non-construction, etc. of the officetel and the attached facilities located in Mapo-gu Seoul Metropolitan Government 591-4, the Plaintiff and the Defendants: (a) delegated the council of occupants’ representatives for the public interest and for the public interest and for each of the Defendant law firms (hereinafter “Defendant Han”) (hereinafter “instant agreement”); and (b) agreed to give technical advice to the Plaintiff in litigation.

B. The content of Article 5 of the instant agreement is as follows.

Article 5 (Public Official Fees) (1) The mandator shall pay the amount of the judgment or the amount of the mediation for the success fee after the final judgment has been pronounced or the mediation has been rendered to the attorney as follows:

The ratio of remuneration according to the winning or adjustment amount: 30 (30)% (0%) of the winning or adjustment amount shall include 10 (10%) of the technical advisory fees for the Korea-U.S. Structural Engineering (U.S.).

(2) A judicial fee or adjustment fund shall be received by the mandatary and paid to the mandator the balance remaining after deducting 20% of the success fees prescribed in paragraph (1) (20% of the success fees or adjustment fees, as royalties for the Korea-U.S. Structural Engineering (State) and all other expenses, such as appraisal fees, from the success fees or adjustment fees, from the attorney-at-law fees.

C. In accordance with the instant agreement, the Seoul High Court rendered a judgment as shown in the separate sheet on November 12, 2013, on behalf of the Defendant Representative Council against the MM Industry Development, Large Construction Co., Ltd., and Han Forestry Construction Co., Ltd. (hereinafter “instant damages lawsuit”), and the said judgment became final and conclusive around that time.

[Reasons for Recognition] Evidence No. 4, Evidence No. 16, and the purport of the whole pleadings

2. Determination

A. The legal affairs of a person who is not an attorney-at-law on the violation of the Agreement on Attorney-at-Law.

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