(영문) 서울북부지방법원 2016.06.03 2015가단24901

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(영문) 서울북부지방법원 2016.06.03 2015가단24901

수임료반환

Text

1. The defendant shall pay 7 million won to the plaintiff and 15% per annum from June 19, 2015 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On September 9, 2013, the Plaintiff entered into a delegation contract for civil and criminal cases (the Plaintiff’s “A”, the Defendant’s “B”, and the “each delegation contract of this case”) with the Defendant, and paid KRW 22 million to the Defendant on the same day.

[Attachment] Indication of the Criminal Case: Other party B and 3, and case name embezzlement parties enter into a delegation contract regarding the handling of the case until the "public prosecutor's office disposition" of the indicated case.

Article 4 (Advanced Payment) (1) A shall pay 11 million won to B simultaneously with the formation of a delegation contract.

(2) The commencement and remuneration under paragraph (1) shall not be claimed by A after commencement of delegated affairs, such as meeting of B, research on delegated affairs, investigation, preparation in writing, etc., for reasons not attributable to B, withdrawal of an appeal, withdrawal of a complaint, death of the parties concerned, etc.

4. Where a delegation contract is terminated by agreement with Gap and Eul due to unavoidable reasons, Eul shall be refunded if any balance remains after deducting from the commencement remuneration the amount calculated by multiplying the whole hours (including the hours consulted or studied for acceptance) work for Eul and professional assistants up to the time by the rate of remuneration per hour prescribed by Eul.

[Private] Indication of Case: Other than other parties B, case name damage compensation (claimed) lawsuit, and real estate provisional seizure case, the above parties conclude a delegation contract concerning the handling of the case in the first instance judgment of the above indicated case as follows.

Article 2 (Limit of Delegation) The limit of delegated affairs entrusted by Party A to Party B shall be limited to the corresponding instance, and matters concerning incidental procedures, such as filing of a case or appeal destroyed or remanded, compulsory execution, suspension of compulsory execution, preservative measures, etc., shall be separately determined.

Article 6 (Advanced Payment) (1) A shall pay 11 million won to B simultaneously with the formation of a delegation contract.

(2) Paragraph (1).

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