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(영문) 서울중앙지방법원 2017.09.14 2017나5494
약정금
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for this part of the facts of recognition are as stated in the part on “1. Facts of recognition” among the reasons for the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim against the defendant B

A. The plaintiff's assertion 1) D's deposit of this case is due to the provisional attachment decision of the claim provisional attachment case, provisional attachment decision of the real estate provisional disposition case, provisional disposition order of the real estate provisional disposition case, and revocation of fraudulent act conducted by the plaintiff under each delegation contract of this case, and the defendant Eul obtained economic benefits from receiving the deposit of this case. Accordingly, the defendant Eul is obligated to pay to the plaintiff at least 1,500,000 won as the contingent fee of the provisional disposition case of the prohibition of provisional disposition of this case, and at least 11,50,000 won as the contingent fee of the fraudulent act cancellation case of this case.

3) If the Plaintiff does not have the right to separately claim the contingent fee of the instant provisional disposition case, the Plaintiff, as the first preliminary claim, seek to pay at least 13,000,000 won to Defendant B with the contingent fee of the said fraudulent act cancellation case. 4) If the Plaintiff is not entitled to claim the contingent fee of the said fraudulent act cancellation case, the Plaintiff, as the second preliminary claim, seek for the payment of KRW 1,00,000 as part-time remuneration for providing legal advice related to the receipt of the amount repaid by D on February 15, 2016, as part-time remuneration for providing the Defendant B with legal advice.

B. The judgment of Defendant B on the claim for contingent fees in the case of prohibition of real estate disposition 1 shall be paid to the Plaintiff at the time of conclusion of the second delegation contract of this case, and the amount of the contingent fees shall be determined by mutual agreement thereafter. The Plaintiff applied for provisional disposition on behalf of the Defendant B on January 4, 2016 by Seoul Central District Court No. 2015Kadan813673, on behalf of the Defendant B pursuant to the second delegation contract of this case and received the decision of acceptance.

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