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(영문) 서울중앙지방법원 2020.10.12 2020가단5203018
손해배상(기)
Text

Plaintiff

The obligation to return the retainers under the delegation contract dated September 2, 2019 to the defendant of the law firm A is KRW 1,500,000.

Reasons

1. Basic facts

A. On September 2, 2019, Plaintiff A was delegated by the Defendant to Suwon District Court E compensation lawsuit filed by the Defendant against D (hereinafter “instant lawsuit”) for damages amounting to KRW 3 million (including value-added tax).

(hereinafter referred to as the “instant delegation contract”). The parts relating to the instant delegation contract relating to the instant case are as follows.

Article 6-1 (Advanced Payment) (1) After the commencement of delegated affairs, such as research, investigation, preparation in writing, etc. by a plaintiff on delegated affairs, the defendant may not demand the return of the case in which the plaintiff has filed a lawsuit against the party due to a cause not attributable to the plaintiff A, or the waiver or withdrawal of the appeal, waiver or withdrawal of the claim, waiver of the claim, settlement in court, settlement in court, conciliation, transfer of the subject matter of lawsuit, death of the party, etc.

② If the Defendant’s unilateral termination of delegation contract, or termination of delegation contract under Article 9, etc. due to a cause not attributable to the Plaintiff A even before the Plaintiff commences delegated affairs, the Plaintiff’s unilateral termination of delegation contract, or termination of delegation contract under Article 9, the amount calculated by deducting the amount of damages or losses that Plaintiff A suffered or suffered,

Provided, That the amount to be refunded shall be based on the criteria for the hourly fee rate table for attorneys-at-law and professional assistant personnel in a separate prize.

③ In the event that the delegation contract is terminated under the agreement between the Defendant and the Plaintiff or the Plaintiff A is terminated due to inevitable reasons, the amount calculated by multiplying the number of hours (including the number of hours consulted or studied for that purpose) the Plaintiff’s attorney-at-law and professional human resources working for the Defendant by the hourly fee rate determined by the Plaintiff A shall be refunded if any balance remains after deducting from the retainer fee.

Provided, That the hourly fee rate of attorney-at-law and professional assistant personnel of Eul shall be as follows.

Article 9 (Termination of Contracts) The Defendant does not perform its obligations under this Delegation Contract.

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