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(영문) 서울중앙지방법원 2019.09.19 2019나12595
성공보수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Facts of recognition;

A. On December 24, 2009, the Defendant sold the Incheon E apartment unit (hereinafter “instant apartment”) in the construction of D Co., Ltd. (hereinafter “D”), the truster, from the Co., Ltd. (hereinafter “C”) (hereinafter “C”).

B. In around 2012, the number of buyers of the instant apartment including the Defendant entered into a litigation delegation agreement (hereinafter “instant delegation agreement”) with the law firm G containing the following contents.

Article 1 (Scope of Acceptance) (1) : He case of so-called H (Cancellation and Rescission of Contract for Sale in Lots, Compensation for Damages, Return of Unjust Enrichment, etc.) (4) Acceptance : Article 3 (Remuneration) A (Defendant) of the entire litigation and preservation litigation in the first instance trial of the above case shall pay remuneration and litigation costs to Eul (Law Firm G) as follows:

(i) the success fee of KRW 200,000 (including value added tax) (2) the contingent remuneration;

1.The amount calculated at the following rates by applying differential rates by economic gains value - below 5 per cent: 7 per cent of the economic gains (including surtax; hereinafter the same shall apply) - The economic gains value exceeding 5 per cent but not exceeding 10 per cent: 8 per cent of the economic gains value - the economic gains value exceeding 10 per cent but not exceeding 15 per cent of the parcelling-out price: 9 per cent of the economic gains value exceeding 15 per cent: 10 per cent of the economic gains value.

2. Time of payment: When money is received.

C. A law firm G filed a lawsuit claiming the return of the sale price against C and D on behalf of the buyer of the apartment of this case, including the Defendant, by the Incheon District Court 201Gahap20696, etc. (hereinafter “previous lawsuit”). The Plaintiff, as an attorney G in charge of the law firm G, was performing the said lawsuit.

The Incheon District Court, on February 1, 2013, on the ground that C and D sold the apartment of this case, falsely or falsely advertised the apartment of this case, "C and D" correspond to 26,964,00 won in the case of the defendant (the plaintiff No. 19 of the first instance court) for each of the buyers of the apartment of this case (the plaintiff No. 19 of the first instance court) (=24,70,000 won in the purchase price of the defendant x 12%).

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