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1. The Plaintiff (Counterclaim Defendant) paid KRW 55,091,361 to the Defendant (Counterclaim Plaintiff) and its related amount from June 18, 2017 to November 3, 2017.
Reasons
1. Basic facts common to the principal lawsuit and counterclaim;
A. On December 2013, the Plaintiff, an attorney-at-law, signed a commercial agent contract with the Defendant and was delegated with respect to compensation negotiations or judicial claims arising out of receiving one-time notice of termination of the contract from the Pakistan Co., Ltd. (hereinafter “Safla EmD”);
(hereinafter referred to as the “instant delegation contract”) b.
In order for the Plaintiff to seek the payment of remuneration for the instant delegation contract, the Defendant notified the Defendant of the summary of the brief statement of the work performed in the previous month, the time spent on the said work, and the amount of the total remuneration claim calculated by applying a certain discount rate per hour for each person in charge of the work. On January 14, 2016, the details of the Plaintiff’s claim for remuneration according to the date under the delegation contract of this case and the details of the Defendant’s payment are as shown in the attached Table.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 11 (including virtual numbers), the purport of the whole pleadings
2. Determination on the main claim
A. According to the facts found in the terms of the agreement on the payment of remuneration, in light of the fact that the Defendant paid without any particular objection the amount of the Plaintiff’s claim for remuneration, the Plaintiff and the Defendant agreed at the time of the instant delegation agreement to pay the monthly remuneration by applying the fixed discount rate for each attorney’s fee in charge of legal services at the time required to perform legal services provided by the Plaintiff.
(Time-based remuneration calculation method) In this regard, the Defendant agreed that the total amount of remuneration shall not exceed KRW 20 million even if the Plaintiff followed the part-time remuneration calculation method at the time of the instant delegation contract, and that the monthly remuneration claim of the Plaintiff is more than KRW 20 million, around August 2014.