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(영문) 울산지방법원 2016.07.05 2015가단61285
약정금
Text

1. The Defendant: (a) KRW 16.2 million to the Plaintiff; and (b) 5% per annum from October 3, 2015 to July 5, 2016.

Reasons

1. Basic facts

A. 1) A delegation contract between the Plaintiff and the Defendant 1) In order to file a lawsuit of divorce and division of property against C, the Defendant concluded the delegation contract with the Plaintiff (hereinafter “instant delegation contract”).

(2) The part relating to performance remuneration under the instant delegation agreement is as follows.

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:

(2) An amount equivalent to 10% of the value of economic gains acquired by winning the contract (including value-added tax).

B. The Defendant’s divorce lawsuit 1) The Plaintiff, on behalf of the Defendant, filed a lawsuit claiming divorce, division of property, and consolation money against C as the Gangnam District Court Branch Branch 2014Ddan1352, on behalf of the Defendant. As to this, C filed a counterclaim seeking divorce and consolation money as the same court 2014dan2034 (hereinafter “instant divorce lawsuit”).

(2) In the instant divorce lawsuit, the Plaintiff claimed as consolation money, KRW 30 million, KRW 700,473,940, and KRW 700,000 as division of property, and KRW 30,000,000, and KRW 30,000,000 as compensation for delay damages.

3. On June 26, 2015, the judgment of the first instance court with respect to the instant divorce lawsuit was rendered as follows.

Part of the order.

1. The defendant and C shall be divorced.

2. All of the defendant and C's claim for consolation money is dismissed.

3. C shall pay to the Defendant a property division of KRW 162 million and damages for delay to the Defendant.

4. C shall be designated as a person with parental authority and a custodian for the principal of the case, and the defendant shall pay C child support amounting to KRW 1 million each month from July 1, 15 to December 2, 202.

The Defendant’s net property related to the division of property among the reasons therefor: KRW 434,508,126 C: KRW 1,056,95,795.

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