logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.05.13 2015나56740
기타(금전)
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Facts of recognition;

A. On July 25, 2013, the Plaintiff (Appointed) and the appointed parties (hereinafter “Plaintiffs”) entered into a delegation agreement with the law firm C, to which the Defendant is the representative attorney-at-law, with respect to the appellate case (Seoul High Court 2013Na44012) of a lawsuit seeking damages against the Seoul High Court Hospital and D, the first instance court and the appellate court’s litigation costs, with the burden of the law firm C, to proceed with the lawsuit and pay 80% of the winning amount at the time of winning the lawsuit (hereinafter “instant delegation agreement”).

B. On April 23, 2014, the Seoul High Court rendered a decision in lieu of the conciliation that “Seoul High Court jointly and severally rendered a payment of KRW 50 million to the designated parties E,” with respect to the above case No. 2013Na44012, the Seoul High Court rendered a decision in lieu of the conciliation, and the decision in lieu of the conciliation became final and conclusive around that time.

C. After the decision in lieu of the above conciliation became final and conclusive, the Plaintiffs delegated the authority to receive the conciliation payment of the instant case No. 2013Na44012 to the law firm C and the Defendant, thereby receiving and keeping the said KRW 50 million from the side of the Seoul National University Hospital.

[Ground of recognition] Facts without dispute, Gap 1, 4 evidence, Eul 1 to 25 evidence, the purport of the whole pleadings

2. The Plaintiffs asserts that, on the premise that the other party to the delegation contract of this case is the defendant, it is excessive to set the attorney's contingent fees at 80% by abusing the plaintiffs' wife where the defendant was in a poor situation, and that the defendant is obligated to return all the above 50 million won to the plaintiffs since Article 32 of the Attorney-at-Law Act is illegal or invalid.

However, as seen earlier in the facts of recognition, the mandatory agent of the instant delegation contract shall be a law firm C, and thus, it shall be as follows.

arrow