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(영문) 부산지방법원 2014.11.20 2014가합4913
약정금 등
Text

1. The Defendant’s KRW 525,971,207 as well as 5% per annum from April 11, 2014 to November 20, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On July 5, 2007, the Plaintiff is a law firm established for the purpose of rendering services as an attorney-at-law’s duties. On March 16, 2012, the trade name was changed from “law firm B” to “law firm C”, and on May 13, 2013, from “law firm C” to “law firm A”. The Defendant is an autonomous management body that is composed of occupants for the management of the 29-dong 2,947-dong 29-dong 2,947-dong 101, Busan-dong 2017.

B. On November 12, 2010, the Defendant concluded a litigation delegation agreement with the Plaintiff (the Plaintiff’s name at the time was “law firm B”) on the following (hereinafter “instant delegation agreement”) with respect to the instant apartment construction company and the construction mutual aid association, which is the business entity that constructed and sold the instant apartment, to file a lawsuit seeking compensation for damages arising from the defect of the instant apartment (hereinafter “instant defect lawsuit”). The Defendant concluded a litigation delegation agreement with the Plaintiff (the Plaintiff’s name at the time was “law firm B”) to select a legal representative to perform the said lawsuit.

Article 2 (Delegation Limit) The limitation of delegated affairs delegated by the defendant to the plaintiff by the defendant shall be until the conclusion of the judgment (reconciliation recommendation, mediation, agreement, etc.).

Article 5 (Remuneration for Performance)

(a) When the delegated affairs of contingent remuneration have succeeded to a judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:

(1) An amount equivalent to 14% of the winning amount (excluding value-added tax). (2) An amount of winning amount shall be the amount determined to be received by the defendant by judgment, mediation, agreement, etc. and shall include

(b) Where it is deemed that he/she won: He/she shall report it to the winning in the following cases, and pay the amount of the contingent remuneration prescribed in the above paragraph (a):

(1) After the Plaintiff commences delegated affairs.

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