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(영문) 울산지방법원 2019.04.11 2018나22633
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The defendant corporation C (hereinafter "C")

) D-affiliated E-Cooperative C non-regular branch (hereinafter referred to as “non-regular branch”) comprised of employees belonging to the subcontractor and employees belonging to C-In-house subcontractor.

(2) Around September 2015, the Plaintiff entered into a delegation agreement with the Defendant.

(hereinafter “instant delegation contract”). The main contents of the instant first delegation contract are as follows.

The delegated party(A) of the instant delegation contract shall conclude the delegation contract in the first, second, and third instances of the instant indication case, as follows:

Article 1 [Purpose] A shall agree to the plan for the illegal temporary placement or withdrawal of the E Union to improve the common rights and interests of its members and delegate the processing of the above case (hereinafter referred to as the "entrusted affairs") to B and accept B.

Article 6 (Advanced Remuneration) (1) A shall pay 1,500,000 won (including value-added tax) to B at the same time as the delegation contract is concluded.

Article 7 [Remuneration for Performance] hereinafter referred to as "the contingent fee clause of this case."

When the delegated affairs of contingent remuneration have been successful through judgment, judicial or extra-judicial reconciliation (including the recommendation of reconciliation), mediation (including the decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classifications:

(1) In cases of winning all or some of the winnings: An amount calculated by the winning ratio (excluding value-added tax): The amount equivalent to 3% of the economic gains accrued from winnings, and the large amount (excluding value-added tax) out of 500,000 won (excluding value-added tax) of the economic gains accrued from winnings.

(b) If the award is considered to be a winning: It shall be considered to be a winning in the following cases, and shall be paid the contingent remuneration as set out in the above paragraph (a):

hereinafter referred to as “instant winning clause”.

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