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(영문) 인천지방법원 2015.01.16 2014가단29109
약정금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 4,00,000 and the Defendant A with respect thereto from May 3, 2014.

Reasons

1. Basic facts

A. On November 8, 2013, Defendant A entered into a delegation contract (hereinafter “instant delegation contract”) with the Plaintiff on the content that Defendant A, the husband of Defendant A, would delegate his/her duties to the Plaintiff regarding the representation of the first instance court in the criminal case of rape and intimidation (Seoul District Court High Court 2013 High High Court 2000) (hereinafter “instant delegation contract”). Defendant B guaranteed the obligation under the said delegation contract by Defendant A on the same day.

B. The instant delegation agreement provides for the commencement, remuneration and performance remuneration as follows.

Article 4 (Advanced Remuneration) (1) A shall pay to B a gold-day,000 won (value-added tax separately) at the same time as the delegation contract is concluded.

Article 5 (Remuneration for Performance)

(a) Where the performance-based remuneration is successful, remuneration shall be paid according to the following classification:

(5) When a judgment of not guilty is rendered, the full payment of a gold million won.

C. Upon entering into the instant delegation agreement, the Defendants paid KRW 7,00,000,000 for the Plaintiff’s retainer fee of KRW 10,000 (excluding value-added tax). On December 17, 2013, the Plaintiff filed a tax return on KRW 7,00,000, which was paid as part of the retainer fee.

C around October 10, 2013, following rapes and habitual intimidations were indicted under the jurisdiction of the District Court for the following crimes (hereinafter “instant criminal procedure”). On February 7, 2014, the part concerning rapes from the above court was acquitted, and the part concerning habitual intimidation was sentenced to imprisonment with prison labor for six months.

[Rape] Since July 2013, C demanded that the victim had sexual intercourse several times, but the victim was not in response to this demand, the victim was able to have sexual intercourse by threatening the victim by using the photo, and around 10:30 on August 16, 2013, the victim’s cell phone can be sent with the victim’s cell phone “the photograph of a new franchisp”. Thus, the victim’s cell phone is not followed and the victim’s wife is in the vicinity of the D basin.

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