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(영문) 서울중앙지방법원 2015.02.10 2014나28434
약정금
Text

1. Of the judgment of the court of first instance, the Plaintiff’s Defendant (Appointed Party) who falls under the following order of payment.

Reasons

1. The reasoning for the judgment of the court of first instance cited in this case is that of the judgment of the court of first instance, except for the following cases where the four-half-eight of the grounds for the judgment of the court of first instance (the part of the grounds for second-eight (the grounds for second-eight) among the grounds for the judgment of the court of first instance are the same as that of the judgment of the court of first instance. Accordingly, it is acceptable

2. Parts used by this court;

B. According to the following circumstances, the judgment of this court Gap 1, 3, 4, 5, and 7, as well as Eul's testimony by the witness I of the party concerned, and the purport of the whole pleadings, the plaintiff shall be deemed to have completed the delegated affairs stipulated in the contract of this case on October 10, 2012. Thus, barring any special circumstance, the defendant is obligated to pay to the plaintiff the remainder of the contingent fees of 30,000,000 won under the contract of this case (=10% of the total agreed amount of 40,000,000 won - 10,000,000 won already paid) and damages for delay.

In addition, the plaintiff asserts that the appointed party C is also obligated to pay contingent fees in collaboration with the defendant, but according to the Gap's statement, the delegated party of the contract of this case is only the defendant, so the plaintiff's assertion about the appointed party C is not acceptable.

① The instant contract (A), which is a disposal document, states as follows, “the Seoul Central District Court 201Gohap5750”, and “the parties concerned shall conclude a delegation contract on the handling of the instant case in the first instance trial of the indicated criminal case as follows,” and it is recognized as a special agreement that reads as follows:

(i) However, the contract used to enter into the instant contract (A) contains the name of the delegating person, the indication of the case, and special terms and conditions in the form of the contract used by the Plaintiff, an attorney-at-law as the case delegation contract in a criminal case. The Plaintiff’s criminal punishment and the receipt of damages from the perpetrator.

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