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(영문) 서울중앙지방법원 2020.07.15 2019나68970
성과보수금 청구 독촉사건
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance except for the dismissal of the following items, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

o No. 3, No. 4, “E”, “The amount of excess remuneration” of No. 7 in the column No. 4, “F” as “amount of performance remuneration”, “F” of No. 7 from No. 4 to “G”, “No. 4 and 5” of No. 7, “W” as “each entry and voice of No. 4 through 6, and No. 9”, and “influence” of No. 9 to “influence,” respectively.

o Parts 7 through 15 of the parallel 8 shall be dried as follows:

Therefore, the amount of contingent remuneration shall be calculated on the basis of the quoted amount among the claims for return of labor expenses paid in excess of C and D at the appellate court of the relevant civil case. As seen earlier, the defendant's appeal against C is partially accepted and the "5% per annum from March 9, 2017 to February 20, 2019, and damages for delay calculated on the basis of the rate of 15% per annum from the next day to the date of full payment," and as such, Article 7 of the delegation contract of this case is recognized, barring special circumstances to the plaintiff.

A. (2) The obligation to pay 30% of the contingent remuneration amount equivalent to 30% of the performance-based remuneration amount of KRW 401,248,903 (=365,49,999, KRW 35,748,904 in interest of 5% per annum from March 9, 2017 to February 20, 2019), which is the economic benefit value obtained in favor of the winning party pursuant to paragraph (1) and damages for delay thereof (=412,137 won in interest of 35,748,904 in interest of 30% per annum) and the obligation to pay damages for delay.

Article 7 of the delegation contract of this case providing that the plaintiff and the defendant shall determine a certain amount of contingent remuneration at the time of the delegation contract of this case.

가. ①항을 공란으로 비워놨고, 성과보수금 산정을 일정 비율로 정하는 방식을 규정한 이 사건 위임계약 제7조

A. (2) Since the plaintiff and the defendant stated 30% as '30%', the plaintiff and the defendant have won the contingent remuneration.

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