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(영문) 인천지방법원 2017.06.23 2016가단203536
약정금
Text

1. The Defendant’s KRW 34,374,560 as well as the annual rate of KRW 5% from February 3, 2016 to June 23, 2017, and the following.

Reasons

1. Facts of recognition;

A. On May 29, 2015, the Defendant concluded a delegation contract with the Plaintiff for litigation affairs (hereinafter “instant delegation contract”) with the Plaintiff in order to file a suit for the payment of bills and for the payment of construction charges against the Gyeong Industrial Development Co., Ltd. (hereinafter “Myeong Industrial Development”) and the Gyeong Integrated Construction Co., Ltd. (hereinafter “Myeong Construction”).

B. According to the delegation contract of this case, separate expenses, such as advance payment of KRW 7 million (excluding value added tax), 30% of the economic profit on contingent remuneration (excluding bills payment litigation), stamp fee, and delivery fee, shall be deemed successful when the defendant voluntarily withdraws the lawsuit, and the contingent fee shall be paid. However, the defendant agreed to reduce or exempt contingent fees when the lawsuit is withdrawn without any economic benefit.

C. On May 29, 2015, the Plaintiff received KRW 7.7 million from the Defendant pursuant to the instant delegation contract, and filed a lawsuit claiming KRW 198 million against the Defendant’s legal representative on June 8, 2015 against Il-il Development, the Incheon District Court filed a lawsuit claiming KRW 2015Da5420, Jun. 12, 2015 against the construction of the Incheon District Court around June 12, 2015, claiming KRW 2015Ga5420,000,000, and KRW 20189,90,000 against Japan Development around June 16, 2015, against the Incheon District Court Decision 2015Da223403,000,000 won.

On November 10, 2015, with respect to the claim for the payment of the above amount, the Defendant and Il-il Development requested the payment bank for the payment of the amount of 198 million won. The Defendant shall immediately withdraw the claim for the payment of the said amount after receiving all the payment of the said amount, and shall pay C(D) KRW 60 million, and shall withdraw the claim for the payment of the said amount. Both parties will not raise any civil or criminal objection in addition to the dispute arising up to the time other than the above agreement.

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