(영문) 서울중앙지방법원 2017.02.09 2016나43512

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2017.02.09 2016나43512

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The court's explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.

2. Determination

A. Since the agreed amount of contingent fees has been adjusted by the reduced contents than the Defendant’s claim in the instant divorce lawsuit between the Defendant and C, this constitutes “part of winning” as stipulated in the terms of the payment of contingent fees in the instant delegation contract.

Furthermore, the economic benefits derived by the Defendant from the divorce lawsuit of this case are equivalent to KRW 1,09,50,000 [the value of the real estate of this case = 2,134,00,000 won] - KRW 289,50,000 (the value of the real estate of this case) - KRW 565,00,000 (the secured obligation of collateral security) - KRW 180,000 (the obligation of returning lease deposit) - the amount of KRW 49.21,000 (cash). The winning ratio is equivalent to KRW 49.21,099,50,000 ± 2,234,00,000 ± 00 won (the economic benefits of this case + 2,134,000,0000 + 10,000,0000 won x 47146,7146,000 [the amount of success in this case] under the contract of this case.

B. In a case where there is an agreement with the client on the remuneration for the delegated affairs of the attorney-at-law for the reduced amount of contingent fees, barring special circumstances, the attorney-at-law who completed the delegated affairs may claim the full amount of the agreed fees, barring special circumstances. However, the exception is given to special circumstances where the agreed fee is deemed to contravene the principle of good faith or the principle of equity in light of the client’s relationship with respect to the attorney-at-law, the circumstances leading up to the acceptance of the case, the amount of the retainer fee, the progress and difficulty of the case, the degree of effort, the value of the subject matter of a lawsuit, the specific benefits the client gained from winning the case, the rules on the fees

참조조문

-민사소송법 제420조

유사 판례

-서울남부지방법원 2016.12.23 2016나57579

-대법원 1995. 4. 25. 선고 94다57626 판결

-광주지방법원 2017.03.17 2016나50951

-대법원 2018.06.19 2017다240588

-서울중앙지방법원 2017.07.26 2017가단5035864