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1. The Defendant’s KRW 1,583,94 for the Plaintiff and its related KRW 5% per annum from September 18, 2015 to October 26, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a law firm that performs affairs such as litigation, corporate consultation, establishment of a corporation, and merger, and the Defendant is a company that runs a safety diagnosis specialized institution under the Special Act on the Safety Control of Public Structures, such as defective inspection of facilities and poor repair and reinforcement design.
B. On January 17, 2013, the Plaintiff of Seoul Central District Court 2012Da307729 entered into a delegation contract with the Defendant and this Court 2012Da307729 to pay 50,000 won (including value added tax), contingent fees, or 10% of the winning price or the adjustment price (excluding value added tax), but the receipt of contingent fees was made to pay the Defendant the balance remaining after deducting all the expenses, such as the contingent fees, from the cost of lawsuit, after receiving the judgment or adjustment fees, from the Plaintiff.
As a result of the Plaintiff’s performance of the above lawsuit on behalf of the Defendant on July 12, 2013, “A shall pay KRW 89,490,405 to the Defendant and delay damages therefrom” was sentenced to a judgment in full favor of the Defendant, and the said judgment was finalized on August 1, 2013.
C. On August 1, 2013, the Plaintiff entered into a delegation agreement with the Defendant to pay the remaining balance to the Defendant after deducting all the expenses, such as the cost of lawsuit, etc., from the winning price or the adjustment price, on August 1, 2013, the Seoul Central District Court 2013s money6795 (2013Gahap62111) (hereinafter “Seoul Central District Court”). The Plaintiff entered into a delegation agreement with the Defendant to pay the Defendant the remainder after deducting all the expenses, such as the cost of lawsuit, from the contingent fees, after receiving the judgment or adjustment amount.
As a result of the Plaintiff’s performance of the above lawsuit on behalf of the Defendant on January 13, 2013, the conciliation was concluded that “A shall pay 93 million won to the Defendant by March 31, 2014. If A delays the payment date, 130,800,000 won and interest for delay shall be paid.”
Supreme Court Decision 2014Da76548 Decided December 1, 2014.