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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Defendant filed a lawsuit for the claim for the amount of money transferred from a limited company specializing in asset-backed securitization (hereinafter “non-party company”) on the date on which the C&L is the date on which the C&L was the date on which the claim was filed, but the lawsuit was brought against the Defendant by public notice since the copy of the complaint was not served to the Defendant’s address. Ultimately, on October 16, 2008, the above court rendered a judgment in favor of the Plaintiff that “the Defendant (the Defendant in this case) paid to the Plaintiff (the non-party company) the amount of KRW 2,63,01,000 and KRW 45,414,010, which was calculated at the rate of 19% per annum from December 30, 2007 to the date of full payment.”
B. On November 16, 2012, the Defendant: (a) filed a subsequent appeal with Seoul High Court (Seoul High Court 2012Na100403 on November 16, 2012; (b) concluded the instant delegation agreement with the Plaintiff on February 28, 2013 (hereinafter “instant delegation agreement”); and (c) paid to the Plaintiff the retainer fee of KRW 11 million including value-added tax.
C. The relevant terms of the instant delegation agreement are as follows.
Seoul High Court Decision 2012Na100403: Act No. 4 (Defendant) A (Defendant) shall pay to the plaintiff (Plaintiff) KRW 10 million (excluding value-added tax of 10%) with the retainer fee.
Article 5 (Performance Remuneration) A shall pay 30 million won (excluding value-added tax for 10%) to B where A won in whole.
Section 6 (Bearing of Expenses) B shall bear the expenses for verification and appraisal, prepayment, guarantee deposit, and all kinds of litigation affairs required for the handling of delegated affairs by Section 6 (Bearing of Expenses), but the total amount of other necessary expenses shall be borne by Section 5, including the retainer.
The above appellate judgment was concluded on April 15, 2013 when C&B, which succeeded to the status of the plaintiff in the previous first instance court, was in progress between the investment loan company and the defendant, and the above court was "the defendant at the conciliation date."