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(영문) 서울중앙지방법원 2017.05.30 2016가단5257698
약정금
Text

1. The Defendants’ respective KRW 5,041,096 to the Plaintiff, respectively, and Defendant A from December 25, 2016 to Defendant B, and Defendant B from November 10, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 4, 2015, the Plaintiff concluded a delegation agreement with the Defendants on the debt collection management of the case against the deceased CD, his father, and agreed to receive contingent fees of KRW 5 million, the amount equivalent to 20% (excluding value-added tax) based on the economic benefits the Defendants acquired as a result of the process of the foregoing case, and the special agreement concluded that the Defendants would be included in the calculation subject of the aforementioned contingent fees even in cases where economic benefits arise to the Defendants due to the realization of the Category D as a result of the realization of bail owned by the Defendants.

B. The Plaintiff, on behalf of the Defendants, carried out a seizure of movable property by Seoul Central District Court No. 2015No. 2762, and in the instant case, D’s corporeal movables were sold at KRW 24,920,00 on September 22, 2016.

C. The network C acquired the claim against D’s E, and the Plaintiff filed a lawsuit claiming the payment of the above amount on behalf of the Defendants, who are the deceased C’s inheritors, as Seoul Central District Court 2016Da5141298.

On October 14, 2016, the above court rendered a judgment that “E shall pay to the Defendants the amount of KRW 32,500,000 per annum of 15% per annum from August 11, 2016 to the date of full payment,” and the above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 4-1, 2, Gap evidence 5-1, 2, Gap evidence 6, and 7, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, as a result of the Plaintiff’s performance of delegated affairs, the Defendants: (a) obtained, as a result of the Plaintiff’s performance of delegated affairs, the economic benefits of KRW 12,460,00,00, the total amount of KRW 12,500,000, which corresponds to 24,920,000, and KRW 32,50,000,000 based on the judgment on the case of acquisition money; and (b) KRW 868,150,00 (65 days) from August 11, 2016 until October 14, 2016 (65 days) (i.e., KRW 32,50,000) x 15% x 65/365,00; and (iii) 45,828,150, the Defendants obtained, barring special circumstances.

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