logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.12.04 2015가단107760
보수금
Text

1. The Defendant shall pay to the Plaintiff KRW 161,58,313 and the interest rate of KRW 15% per annum from June 30, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. The judgment against the Defendant was rendered on April 24, 2014 in the lawsuit of demurrer against distribution, such as the Suwon District Court Branch Branch 2013 Gohap3353, 3315 (Merger), etc.

B. On June 26, 2014, the Plaintiff and the Defendant concluded a delegation agreement on the case of demurrer against distribution, such as Seoul High Court 2014Na2016904, 201691, which was the appellate court (merged).

The Plaintiff received KRW 3,00,000 (excluding value-added tax) from the Plaintiff, and the Defendant agreed to pay the amount equivalent to 10% of the economic profits he/she gains to pay to the Plaintiff as the contingent fee.

C. On November 28, 2014, the appellate judgment in the instant case of demurrer against distribution was rendered on and after November 28, 2014. The order related to the Defendant was that “the amount of 159,655,279 won against the Defendant out of the relevant dividend table was corrected to KRW 2,175,538,414.”

Supreme Court Decision 2015Da200432, 20049 (Joint) based on the final appeal by the Republic of Korea, the Plaintiff submitted a letter of delegation of a lawsuit and submitted a reply without receiving the retainer payment. On May 28, 2015, the judgment of the said appellate court became final and conclusive upon the final appeal by the Supreme Court.

E. On June 3, 2015, the Defendant paid KRW 40,000,00 to the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including partial number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Plaintiff has a final and conclusive judgment rendered as to the amount of dividends to the Defendant (2,175,538,414 won - 159,655,279 won) by performing the delegated litigation affairs as a proxy, and thus, the amount of dividends to the Defendant has increased by 2,015,83,135 won (2,175,538,414 won - 159,655,279 won). As such, the Defendant is obligated to pay to the Plaintiff 161,58,313 won after deducting the amount of contingent fees paid by the Defendant from 20,00,000 won ( = 2,05,83,135 won x 10%) under the delegation agreement of this case from June 30, 2015 to the day of full payment.

B. First, the Defendant’s above dividend amount against the Defendant is KRW 1.8 billion to the Defendant’s child C.

arrow