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(영문) 서울중앙지방법원 2019.08.28 2018나82818
성공보수금
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. Basic facts

A. On September 20, 201, a law firm C (Attorney in charge and D) and the Defendant concluded the instant delegation agreement with the following content:

(A) “A” and “B” refer to the Defendant, and “B” refers to the law firm A; hereinafter “instant delegation contract”). EF

B. Under the instant delegation contract, C filed a lawsuit against G Co., Ltd., H and I Co., Ltd. (hereinafter “G, etc.”) claiming the return of the sale price on behalf of 700 buyers, including the Defendant, and performed the said lawsuit.

On February 1, 2013, the above court rendered a judgment that “G, etc. shall pay 28,716,000 won to each of the Defendant (an amount equivalent to 12% of the purchase price) and 5% per annum from December 22, 2012 to February 1, 2013, and 20% per annum from the next day to the date of full payment.”

C. In the appellate court of the previous lawsuit, some buyers, including the Defendant, appointed K lawyer as the attorney, and the law firm C performed the lawsuit on behalf of the remaining buyers.

On January 29, 2014, the appellate court sentenced each of the Defendant to the effect that “G, etc. shall pay 11,965,000 won (the amount equivalent to 5% of the purchase price) and 5% per annum from November 15, 201 to January 29, 201, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on May 28, 2015.

On the other hand, the defendant appointed K lawyer as a legal representative and filed a lawsuit claiming restitution against G on the ground that the contract for sale in lots was cancelled due to the unpaid sale price of the defendant.

In addition, G filed a counterclaim seeking the payment of the balance of penalty, the amount equivalent to the interest on the substitute, etc.

The appellate court of the above lawsuit (hereinafter referred to as “ separate lawsuit”) rendered on January 14, 2016 shall grant the defendant KRW 16,408,142 and its objection.

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