(영문) 서울중앙지방법원 2015.09.11 2013가합66633

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(영문) 서울중앙지방법원 2015.09.11 2013가합66633

손해배상(기)

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1. The Defendant (Counterclaim Plaintiff) paid KRW 10,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 19, 2012 to September 11, 2015.

Reasons

1. Facts of recognition;

(a) The first delegation contract and the agreement of the filing of a suit: the existence of the obligation, the CB claim, the CB injunction (A lawsuit against C), the compensation for damages, the provisional seizure (stocks) (stocks) parties: Plaintiff C and D parties agree to delegate their legal representation to you and comply with the following:

Article 1 (Conferment of Authority) In order to carry out the above agency affairs, the authority stated in the separate Delegation of Litigation shall be awarded to you.

Article 2 (Advanced Payment) The KRW 33 million (33,000,000) shall be paid to you as the retainer of delegated affairs.

Article 5 (Voluntary Remuneration) (1) A successful performance of delegated affairs shall be immediately paid in accordance with the following classification:

1. Revenue, in case of winning the whole amount;

2. Where a part of the award is won, the amount equivalent to 5% of the value of economic profits generated therefrom shall be deemed to have won the whole amount, and the success fee prescribed in paragraph (1) of the preceding Article shall be paid in full, in the following cases:

1. When the principal voluntarily waives or recognizes a claim, compromise, withdrawal of a lawsuit, withdrawal of an appeal, or consent to the other party’s appeal or withdrawal of an appeal, Article 10 (Matters under special agreement) provides that: (a) the amount of commencement of an appeal under Article 10 (Matters under special agreement) shall be 5% of the amount (including the principal and interest, and the amount of interest thereon; (b) the amount of contingent fees to be borne by the client shall be 2 cases in the principal case; (c) the amount of contingent fees to be borne by the client (including the principal and interest; and (d) 1% of the amount reduced in the lawsuit for non-existence of a confirmation, the Plaintiff shall be 5% of the amount reduced in the lawsuit for non-existence

(2) The Defendant, on behalf of the Plaintiff, paid KRW 33,00,000 to the Defendant according to the above contract. (2) The Defendant, pursuant to the first delegation contract of this case, filed a lawsuit for damages on behalf of the Plaintiff as Seoul Central District Court No. 201Gahap22585 (hereinafter “instant lawsuit for damages”).

유사 판례

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