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(영문) 서울중앙지방법원 2016.01.08 2015가합8952
약정금
Text

1. The Defendant’s KRW 165,00,000 for the Plaintiff and KRW 20% per annum from March 6, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On June 15, 201, the Defendant concluded a contract with the Plaintiff to additionally pay KRW 165,00,000,000 to the Suwon District Prosecutors’ Office 201 type 201 and type 29966 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (including value-added tax; hereinafter the same shall apply) in which the Defendant filed a complaint against the Plaintiff on June 15, 201, when the Defendant delegated the duties of the complainant agent for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes

(hereinafter “instant first delegation contract”). (b)

B was detained on December 29, 2011 (U.S. District Court 201Gohap772), and the Plaintiff was not paid the contingent remuneration from the Defendant under the instant delegation contract.

C. On March 16, 2012, the Defendant: (a) delegated the duties of the complainants on the case No. 201 High Court Decision 201Da7772 to the Plaintiff KRW 11,00,000; and (b) concluded a contract with the Plaintiff to additionally pay KRW 165,00,000 when the Plaintiff is detained by law or sentenced to a sentence in the instant case, if the case was executed, the Defendant shall additionally pay the contingent remuneration to

(hereinafter “instant delegation contract”) D.

On September 16, 2013, the Defendant entrusted the Plaintiff with the duties of an agent for compensation application in the Suwon District Court 201Dahap7772, Suwon District Court 2012 early 698, which was the case of filing an application for compensation order, to KRW 11,00,000,00, the retainer amount of the order for compensation between the Plaintiff and the Plaintiff shall be additionally paid as performance remuneration: Provided, That the Defendant entered into a contract with the Plaintiff to pay the maximum amount by comparing the performance remuneration with the performance remuneration under the delegation contract of this case.

(hereinafter “instant third delegation contract”). E.

B was sentenced to imprisonment of three years and six months in Suwon District Court 201Gohap772 on February 14, 2014, and was ordered to pay the Plaintiff KRW 719,000,000 in Suwon District Court 201Hu698 on the same day.

[Ground of recognition] A.

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