(영문) 광주지방법원 2019.04.26 2018가단13672

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(영문) 광주지방법원 2019.04.26 2018가단13672

보수료

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1. The Defendant’s KRW 10,394,680 as well as 6% per annum from June 13, 2018 to January 18, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On March 14, 2017, the Defendant entered into a delegation contract with the Plaintiff, an attorney-at-law, and signed and sealed the delegation contract of the 2014Na306 appellate case (hereinafter “instant contract”) on March 17, 2017, and signed and sealed the delegation contract. The main contents are as follows.

Article 2 (Advanced Payment) The amount of KRW 4,400,000 shall be paid to you.

except that the advance shall not be claimed for the cancellation of delegation or any other cause.

When the delegated affairs referred to in Article 5 are successful, the contingent remuneration shall be paid immediately in accordance with the following classification:

Only Defendant C or Limited Liability Company D (Second Instance)

1. 5% in case of winning the whole amount;

2. In the following cases, the amount equivalent to 5% of the value of economic profits accrued therefrom at the time of partial winning or the completion of conciliation, shall be deemed to have won the whole amount, and the successful remuneration as prescribed in subparagraph 1 of the preceding Article shall be paid in full:

1. Where the principal has voluntarily waived or recognized a claim, compromise, withdrawal of a lawsuit, withdrawal or renunciation of an appeal, or has consented to an appeal of the other party or withdrawal of an appeal;

2. When he does not perform his obligations provided for in this Agreement with respect to his return, or because he has made a false statement, he cancels his delegation contract.

3. When the principal has voluntarily rescinded this delegation contract, or when the delegation has been terminated due to any cause not attributable to him, the principal does not perform his obligations under this Agreement with respect to his return, or when the principal’s statement on the contents of delegated affairs is false, there is no objection even if not intentional, even if he had rescinded this delegation contract, and even resigned from his attorney.

B. The defendant of the judgment of the first instance is E Co., Ltd. (hereinafter referred to as “E”), C, and limited company D (hereinafter referred to as “D”).

유사 판례

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