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(영문) 광주지방법원 2020.01.09 2019나57236
약정금
Text

1. Of the part regarding the principal lawsuit in the judgment of the court of first instance, 803,370 won and 803,370 won against the Defendant-Counterclaim Plaintiff.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The plaintiff is an attorney-at-law operated by law office.

Around May 9, 2018, the Defendant filed a lawsuit of divorce against C, division of property equivalent to KRW 450,000,000,000 against her husband, and claim for consolation money equivalent to KRW 30,000,000,000, and entered into a contract of delegation with the Plaintiff to take a preservative measure on the shares, houses, and deposit claims owned by C, and the written agreement on this matter contains the following contents:

(hereinafter referred to as the “instant delegation agreement”). Article 6 (Advanced Remuneration) (1) The Defendant shall pay 1.8 million won (excluding value-added tax) to the Plaintiff simultaneously with the establishment of a delegation agreement.

Article 7 (Remuneration for Performance)

(a) When the delegated affairs of contingent remuneration have won success in judgment, judicial or judicial reconciliation (including recommendation of reconciliation), mediation (including decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:

(2) An amount equivalent to 6% of the value of economic benefits acquired by winning a prize (excluding value-added tax).

(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) Where a defendant voluntarily waives or recognizes a claim, withdraws a lawsuit, or withdraws an appeal after the plaintiff has invested a considerable effort to perform delegated affairs.

C. Of the reasons set forth in subparagraphs of the preceding paragraph, when the defendant waives a claim, withdraws a lawsuit, recognizes and withdraws an appeal without any economic benefits or other benefits, the defendant may adjust the performance fees through mutual agreement between the plaintiff and the defendant, taking into account the plaintiff's effort and work progress. However, when the agreement is not reached, the performance fees shall be determined by deeming 50% of the value of the purport of the claim as a favorable final

On May 18, 2018, the Plaintiff, on behalf of the Defendant, filed an application for provisional seizure of the shares owned by Gwangju Family Court D on May 24, 2018, and obtained the ruling of acceptance on May 24, 2018, and the provisional seizure on the deposit claims owned by Gwangju Family Court E on May 18, 2018.

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