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1. The Defendant’s KRW 22,00,000 as well as 5% per annum from July 27, 2013 to November 17, 2015 to the Plaintiff.
Reasons
1. On December 11, 2012, between the Plaintiff and the Defendant, an attorney-at-law who is an attorney-at-law in charge of judgment on the cause of the claim, the fact that a contract for attorney-at-law has been concluded between the Plaintiff and the Defendant on December 11, 2012 as to the case including the cancellation of ownership transfer registration (including the retainer fee of KRW 3,000,000) and the contingent fee of KRW 22,00,000 (including value-added tax) (approval of the retainer agreement entered into by the representative of the Defendant C), and the fact that the Plaintiff received the retainer payment and the Defendant was handed down in the first instance trial on June 27, 2013, and the Defendant was rendered a judgment in full winning the case at the first instance trial on June 27, 2013, or can be recognized by comprehensively taking account of the entire purport
According to the above facts, the defendant is obligated to pay 22,00,000 won contingent fees to the plaintiff, except in extenuating circumstances.
As the defendant claims that the above contingent fee should be reduced in the current situation and adjusted, it is reasonable that the attorney-at-law who completed the delegated affairs of the lawsuit may claim the full amount of the agreed fee, barring any special circumstance. However, in special circumstances where there are extenuating circumstances to deem that the amount of the fee unfairly excessive is contrary to the principle of good faith and the principle of equity, only the amount of the fee recognized as reasonable may be claimed.
However, since it is an exceptional case excluding the principle of freedom of contract, it is necessary to clarify the reasonable grounds for exceptional treatment.
(see, e.g., Supreme Court Decision 2014Da18322, Jul. 10, 2014). However, solely on the sole basis of the Defendant’s assertion, it is difficult to deem that there exist any special circumstances to deem the Plaintiff’s remuneration unfairly excessive and excessive to contravene the principle of good faith and equity.
Therefore, the defendant's success fee of 22,00,000 won and its related amount shall be decided on July 27, 2013, which the plaintiff seeks after the date of the judgment of the court of first instance 2013Ga2144.