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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. Facts of recognition;
A. A. Around June 201, 201, around June 201, 193 creditors, who purchased subordinated bonds issued by C (hereinafter “C”) including the Defendant under the instant delegation contract, concluded a delegation contract with E with the law firm as to the damages lawsuit filed against C and D (S) (hereinafter “D”).
At the time, the defendant prepared the following certificates (No. 12).
2. Scope of delegation of a lawsuit: Delegation of a litigation agent by the time the lawsuit is completed, including both the first, second and third instances; 4. When delegated affairs are fully or partially successful due to a judgment, etc., the contingent remuneration shall be paid in accordance with the following criteria:
Where the total amount of a lawsuit is at least 10 billion won, 10% (excluding surtax) of the economic gains from winning the lawsuit. Provided, That where the lawsuit is concluded in the first instance court, 5% (excluding surtax) of the economic gains from winning the lawsuit.
The economic benefits from winning a winning case shall be determined on the basis of the amount of recovery.
B. 1) On behalf of the Defendant, etc. on August 16, 2011, Law Firm E is seeking damages against C, D, etc. (Seoul Central District Court F; hereinafter “Related Lawsuit”).
2) On February 14, 2014, the first instance court rendered a judgment that recognized all or part of the responsibilities of C, etc.
The defendant's winning amount is KRW 119,175,00 for C, and KRW 59,587,500 for D.
The Korean Deposit Insurance Corporation, the bankruptcy trustee of these companies, took over the lawsuit while the related lawsuit is pending, and the creditors including the defendant changed their claims from the monetary payment claim to the bankruptcy claim confirmation claim.
Both parties appealed against the above judgment.
1. Appointment of Law Firm E (Attorney G in charge) as an attorney at the second instance of a related lawsuit;
2. If the delegated affairs have been fully or partially successful due to a judgment, etc., the contingent remuneration shall be paid in accordance with the following criteria:
1.0 won.