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(영문) 서울중앙지방법원 2016.07.18 2015가단152500
용역비
Text

1. The Defendant’s KRW 7,00,000 as well as its annual 6% from October 30, 2014 to July 18, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On August 25, 2014, the Plaintiff, an attorney-at-law in charge of entering into the instant delegation agreement and paying part of the retainer fee, agreed on August 25, 2014 with respect to the first instance and second instance of the Daegu District Court Decision 2014Kadan51 (hereinafter referred to as “C”) brought a lawsuit against the Defendant by the Daegu District Court for revocation of fraudulent Act (hereinafter referred to as “subject case”) against the Defendant (hereinafter referred to as “instant delegation agreement”).

The main contents of the instant delegation agreement are as follows.

Article 2 (Advanced Payment) 22 million won (including value-added tax) shall be paid to ear (Plaintiffs) as the retainer of delegated affairs.

except that this commencement shall not be requested for the return even if the delegation has been cancelled or any other cause has occurred.

Article 5 (Voluntary Remuneration) (1) A successful performance of delegated affairs shall be immediately paid in accordance with the following classification:

1. 22 million won (including value-added tax) in case of winning the whole amount;

2. In case of partial winning or adjustment, 22% of the winning rate shall be paid on the basis of KRW 100 million.

Article 6 (Cases to be Considered as one of the winnings) In the following cases, the success fees prescribed in paragraph (1) of the preceding Article shall be considered as all of the winnings:

1. If the principal voluntarily waives or recognizes a claim, compromise, withdrawal of a lawsuit, withdrawal of an appeal, or waives an appeal, or has consented to the other party's appeal or withdrawal of an appeal (hereinafter referred to as "matters under special agreement") and has completed the appeal without going through the second instance of Article 10, five million won shall be refunded;

The Defendant remitted KRW 10 million, which is part of the retainer to the Plaintiff’s account through the Plaintiff’s account, his wife on the date of the instant delegation agreement.

B. On January 2, 2014, C filed a lawsuit against the Defendant for the revocation of fraudulent act (subject case) with respect to the progress of the subject case and the Plaintiff’s performance of the delegated affairs of the lawsuit, and the Defendant respondeded to the attorney-at-law’s transfer of the lawsuit by delegating the litigation to the Plaintiff.

Attorney Lee In-bok shall submit a written answer on February 5, 2014.

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