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(영문) 수원지방법원 안양지원 2018.04.27 2016가단6369
위약금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(c) handle them;

Article 6 (Advance Payment) (1) A shall pay 10 million won in a lawsuit seeking invalidation of dismissal and 5 million won in a lawsuit claiming payment of monetary rewards (excluding each value-added tax) to B, simultaneously with the establishment of a delegation contract.

Article 7 (Remuneration for Performance)

(a) When the delegated affairs of contingent remuneration have won success in judgment, judicial or extra-judicial reconciliation (including decisions of recommending reconciliation), mediation (including decisions in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:

(1) In the case of winning a dismissal: 10 million won at the time of confirmation of invalidity of dismissal, 13% of the money received due to this lawsuit, and 10% of the economic interest in the case of a monetary reward claim (in the case of the final confirmation of both separate and final amounts), in the case of partial winning, the amount calculated by multiplying the amount under paragraph (1) by the winning ratio shall be paid as the contingent remuneration.

(3) In cases of an appeal, the winning rate shall be determined based on the whole of the adjudication on appeal, unless otherwise specified.

*Special Terms and Conditions: 80% of the start-up amount of the first instance trial if the second instance is in progress, and 80% of the start-up amount if the second instance is in progress.

B. C Attorney-at-law retired from the Defendant and established D (hereinafter “Nonindicted Corporation”) around June 2, 2014.

On September 5, 2014, a non-party corporation filed a lawsuit against the Nonghyup as the Plaintiff’s legal representative.

(Seoul Central District Court 2014Gahap45213). Attorneys C, E, and F, affiliated with the non-party legal entity, were present together with the Plaintiff at the first to six days of the first instance court lawsuit, and performed their duties as the legal representative.

C. The instant lawsuit seeking invalidation of dismissal is based on the ratio of KRW 10,120,650, monthly payment from August 22, 2014 to the reinstatement, ③ internal information of the agricultural cooperatives, and good faith principle, against agricultural cooperatives.

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