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(영문) 서울남부지방법원 2017.08.22 2016가단255136
원상회복
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D is a representative of the Plaintiff as an attorney-at-law.

B. Around May 10, 2016, D entered into a contract for the transfer of contingent fee claims (No. 1; hereinafter “instant contract”) with Defendant B (hereinafter “Defendant B law firm”) with the introduction of E, and Defendant C jointly and severally guaranteed Defendant C’s obligations against D on the same day.

ARTICLE 1 – The defendant shall file a lawsuit in respect of F Apartment-gu Seoul Metropolitan Government (the defendant law firm shall be referred to as the "other party" on behalf of G et al. and 408 persons on behalf of G and 408 persons.

(1) The Seoul Central District Court 2016Gahap505115 filed a lawsuit claiming unjust enrichment (hereinafter “the first lawsuit”) and the lawsuit concerning H Apartment-gu Seoul Central District Court (the case in which the Defendant Law Firm accepted the litigation affairs but did not yet bring a lawsuit; hereinafter “the case in which the first and second lawsuits are brought,” and the case in which the first and second lawsuits are brought, transfer to D the contingent fee claims concerning “the case in which the first and second lawsuits are brought,” respectively.

- D shall pay advance payments already made by Defendant Law Firm to Defendant Law Firm in order to proceed with related litigations.

ARTICLE 2 – The defendant law firm shall maintain the qualification of attorney until the relevant litigation is completed.

- The defendant law firm shall delegate by proxy to an attorney-at-law (or law firm) designated by D or D, and D, etc. shall conduct relevant litigation as a sub-agent.

- The defendant law firm does not participate in the relevant litigation after the contract of this case.

C. On May 10, 2016, the Plaintiff transferred KRW 20,912,550 to Defendant C’s account as the transfer price stipulated in the instant contract.

On May 11, 2016, Defendant Law Firm submitted a letter of delegation to the court where the first lawsuit is in progress (hereinafter referred to as “first lawsuit court”), which delegates the Plaintiff as a sub-agent. On May 12, 2016, the Plaintiff submitted a letter of designation of the attorney in charge.

E. The Plaintiff on May 2016

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