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(영문) 대구지방법원경주지원 2019.11.13 2019가단10418
약정금
Text

1. The Defendant’s KRW 60,000,000 and its amount shall be 15% per annum from February 15, 2019 to May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant, around 2014, contacted the Plaintiff and tried to find the land as early as possible, and held the land owned by the Plaintiff and Gyeonggi-do illegal ownership. The Defendant intended to seek the land. In favor of the Plaintiff, the Defendant would bring a part of the favorable remuneration, and the Defendant would bear the entire cost of the lawsuit even if it lost the land. The Defendant would bear all the expenses incurred.

B. Around the end of 2014, the Plaintiff appointed D attorneys-at-law designated by the Defendant as a litigation representative and filed a lawsuit, including cancellation of registration of preservation of ownership, against Suwon-si and Gyeonggi-do, the Suwon-do District Court 2015Gahap61050.

However, on February 18, 2016, the above court rendered a judgment dismissing the Plaintiff’s claim, and the Plaintiff’s attorney appealeded therefrom, but the appellate court (Seoul High Court 2016Na20273) rendered a judgment dismissing the appeal on January 19, 2017, and on February 3, 2017, the above judgment became final and conclusive.

(hereinafter referred to as “prior action”). (c)

On June 2017, Gyeonggi-do, one of the defendants of the preceding lawsuit, filed an application with the Suwon District Court for the determination of the amount of litigation costs (2017da100320), and on June 7, 2017, the Suwon District Court decided that "the amount of litigation costs to be paid by the plaintiff to Gyeonggi-do is KRW 22,48,257, in accordance with the judgment on the claim for cancellation of registration of preservation of ownership (Seoul High Court 2015Da61050) between the plaintiff and Gyeonggi-do, Seoul High Court 2016Na20273)" and the above decision was finalized on June 20, 2017.

On the other hand, Pakistan filed an application for the determination of the amount of litigation costs against the plaintiffs around that time.

From July 2017, the Plaintiff demanded the Defendant to pay money that includes litigation costs and other expenses. On March 14, 2018, the Plaintiff and the Defendant agreed to pay the Plaintiff KRW 60 million as the name of the litigation cost, etc. by April 30, 2018 (hereinafter “instant agreement”).

A.

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