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(영문) 울산지방법원 2018.11.08 2018나22213
약정금
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. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings in the statement No. 1, the following facts are recognized.

1) The Defendant is a Hyundai Motor Vehicle Co., Ltd. (hereinafter “Modern Motor Vehicle”).

(2) The term “non-regular car sub-chapters” refers to the term “non-regular car sub-chapters” (hereinafter referred to as the “non-regular sub-chapters”) consisting of workers belonging to the subcontractor and workers belonging to the company.

(2) Around November 2010, the Plaintiff entered into a contract with the Defendant for litigation on the case of claim delegation, such as confirmation of the status of workers in modern automobiles, by setting the contingent fees as “3% of the economic gains derived from litigation (excluding value-added tax) and 500,000 won (excluding value-added tax) where the delegated affairs succeed through judgment, judicial or extra-judicial reconciliation, adjustment, etc.,” respectively.

3) The Plaintiff, on behalf of the Defendant, filed a lawsuit against the Seoul Central District Court to verify the status of modern automobiles, and the Seoul Central District Court rendered a judgment in favor of the Defendant on September 18, 2014 that “The Defendant confirmed that he/she is a worker of modern automobiles, and Hyundai Motor is paying KRW 17,975,756, and damages for delay thereof,” (Seoul Central District Court 2010Gahap112450).

(4) On October 2014, the Plaintiff entered into a contract with the Defendant for the delegation of a lawsuit by setting the contingent fee as “3% of the economic gains derived from the lawsuit (excluding value-added tax) in the event that the delegated business is successful through judgment, judicial or extra-judicial reconciliation, conciliation, etc.” and 50,000 won (excluding value-added tax) without the commencement fee.”

(hereinafter referred to as “instant delegation contract” in each of the above cases. 5 Hyundai Motors are as follows: (a) the delegation contract in the first instance trial and the delegation contract in the second and third instances; and (b) the delegation contract in the second and third instances.

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