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(영문) 서울중앙지방법원 2015.11.26 2015가단151064
약정금
Text

1. The Defendant’s KRW 40,225,032 as well as the Plaintiff’s KRW 20% per annum from August 5, 2015 to September 30, 2015.

Reasons

1. In January 2015, the Plaintiff and the Defendant concluded a delegation agreement on the instant case of demurrer against distribution (No. 2014Gahap1569), with the Plaintiff as a mandatory and the Defendant as a delegating person.

In this contract, the defendant agreed to pay 10% of the amount received at the time of winning (including partial winning) to the plaintiff as contingent fees (excluding value-added tax).

The defendant was the defendant in the lawsuit of demurrer against distribution, and the plaintiff performed the lawsuit on behalf of the defendant in accordance with the delegation contract of this case.

The purport of the lawsuit of demurrer against a distribution was that “The distribution amount of 494,259,609 won against the defendant shall be deleted from among the distribution schedule prepared by the same court on July 2, 2014 with respect to the case of filing an application for compulsory auction against B real estate which is located in the orchard District Court.”

The judgment of the case of demurrer against distribution was rendered on April 23, 2015. The order dismissed the part demanding correction of the dividend amount against the defendant exceeding KRW 473,085,441 among the instant lawsuit. 2. Of the distribution schedule prepared by the same court on July 2, 2014, the distribution amount against the defendant was 494,259,609 won was corrected to KRW 344,507,942, which was corrected to KRW 3444,507,942.”

(The above order reflects the decision of correction of the judgment rendered on May 6, 2015) / [based on recognition] without dispute, entry of Gap evidence 1, 2, and 3, and the purport of the whole pleadings.

2. Since the judgment rendered in favor of the Defendant in a case of demurrer against distribution was rendered, the Defendant shall pay the Plaintiff the contingent remuneration in accordance with the agreement.

Since the contingent fee payment agreement, including partial winning, was concluded, the defendant was partly awarded a favorable judgment in the lawsuit of demurrer against distribution and appealed against it.

Even if it is possible to refuse the payment of the contingent remuneration under the agreement.

The winning amount of the Defendant in the instant case of demurrer against distribution is the 365,682,110 won in total of the dismissed portion 21,174,168 won (49,259,609 won - 473,085,441 won), the dismissed portion 34,507,942 won, and the 365,682,110 won in total.

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