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(영문) 서울중앙지방법원 2020.09.16 2020가합516945
약정금
Text

The defendant's KRW 46,760,000 to the plaintiff and 5% per annum from August 14, 2019 to September 16, 2020.

Reasons

1. Basic facts

A. On January 3, 2018, the Defendant entered into a contract with the law firm C to delegate litigation affairs with respect to the case of divorce, divorce, claim for division of property, etc. against which the Defendant is a party (hereinafter “instant lawsuit”).

(hereinafter “instant delegation contract”). (b)

Upon entering into the instant delegation contract, the Defendant agreed to pay 30 million won as the retainer, and to pay the amount equivalent to 7% of the economic profit from the other party as the contingent fee when the delegated affairs have success through a judgment, a judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), a mediation (including a substitute decision for mediation), etc., while paying the contingent fee, and to pay the amount equivalent to 7% of the economic profit from the other party.

(hereinafter “this case’s contingent remuneration agreement”).

C. From the date of the instant delegation agreement to January 23, 2019, the law firm C submitted a brief, etc. related to the instant lawsuit from the date of pleading, and was present on the date of conciliation.

On January 24, 2019, the instant lawsuit was rendered with a ruling of recommending reconciliation as follows. The two parties waived their objection and the said ruling of recommending reconciliation (hereinafter “the instant ruling of recommending reconciliation”) on January 28, 2019 became final and conclusive on January 28, 2019.

The plaintiff (the defendant in this case) and the defendant (E) are divorced.

The defendant shall implement the procedure for registration of transfer of ownership based on the decision of this case and the division of property with respect to each one-half share of each of the real estate listed in the attached list to the plaintiff.

Attached Form

Each real estate listed in the list shall be managed in consultation with the plaintiff and the defendant in the future, and in the event of sale, it is confirmed that the defendant has priority over 5.7 billion won out of the amount obtained by deducting the relevant taxes and brokerage fees from the proceeds of sale, and the remaining amount shall be owned in installments by the plaintiff and the defendant, respectively.

Attached Form

each real estate entered in the list is established.

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