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(영문) 서울중앙지방법원 2019.08.21 2019나4570
성공보수금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. 1 Status of the Parties C Co., Ltd. (hereinafter “C”).

) The Incheon D Apartment (hereinafter referred to as the “instant apartment”).

(E) is the contractor of a new business and the E Co., Ltd. (hereinafter “E”).

2) The F Co., Ltd. (hereinafter referred to as “F”) is the executor of the above business.

(2) The Plaintiff is a person who purchased the instant apartment G from F on February 6, 2010, and the Plaintiff was an attorney-at-law affiliated with H of the law firm.

B. The number of buyers of the instant apartment, including the Defendant who entered into the instant delegation contract, entered into a delegation contract with the law firm H on the cancellation of the instant apartment sale contract, compensation for damages, return of unjust enrichment, etc. (hereinafter “instant delegation contract”). Of them, the content of the agreement on the contingent remuneration, etc. is as follows.

Article 1 (Scope of Appointment) (1) : He/she shall pay remuneration and costs of lawsuit to B [Law Firm H] as follows:

(2) contingent fees

1.The amount calculated at the following rates by applying differential rates to each economic benefit value - below 5%: 7% of the economic benefit value - 8% of the economic benefit value - above 10% of the parcelling-out price: 9% of the economic benefit value - above 15% of the parcelling-out price: 10% of the economic benefit value - above 15% of the sale price: 10% of the economic benefit value.

2. Time of payment: When money is received.

C. 1) The Plaintiff, as an attorney at H law firm, is C, E, and F (hereinafter “C, etc.”) on behalf of the buyer of the instant apartment, including the Defendant, on November 201 through October 2012, 201.

) A lawsuit seeking the return, etc. of the sale price against B (Seoul District Court J, etc., hereinafter “previous lawsuit”).

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