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(영문) 대구지방법원 2016.06.28 2015가단27924
약정금
Text

1. As to KRW 88,00,000 and KRW 11,000 among them, the Defendant shall pay to the Plaintiff the year from August 9, 201 to September 25, 2015.

Reasons

1. Basic facts

A. On March 14, 2011, the Plaintiff operated the “Law Office A” in Daegu Suwon-gu, the Plaintiff entered into a contract with the Defendant for delegation of litigation affairs (hereinafter “instant first delegation contract”) with the following major contents regarding the case of embezzlement, etc. of the victim D who is a suspect between the Defendant and the Defendant (this case’s prosecution case number and name of crime is the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) of the Daegu District Prosecutors’ Office No. 2010-type 76340) (hereinafter “instant first delegation contract”), and the Defendant paid 8.8 million won to the Plaintiff with the retainer payment.

Article 6 (Advanced Remuneration) (1) A (Defendant) shall pay 8,80,000 won (including value-added tax) to B (Plaintiff) at the same time as the delegation contract is concluded.

Article 7 (Remuneration for Performance)

(a) Where contingent remuneration is successful, remuneration shall be paid according to the following classification:

(1) When the police or prosecutorial office has not detained the case, requested a summary order, or forwarded it to the Juvenile Department of the Family Court - 20 million won;

B. The Plaintiff submitted a defense counsel appointment system in accordance with the first delegation contract of this case to an investigation agency, submitted a defense counsel’s opinion nine times, and submitted reference materials once.

C. A request for a warrant of detention regarding the above embezzlement case against the Defendant was dismissed, and the Defendant was indicted on August 8, 201 for criminal facts such as embezzlement. D.

On the other hand, on May 24, 2011, the Plaintiff and the Defendant converted the performance fee of KRW 10 million out of KRW 20 million into the advance payment, and entered the matters in the special agreement. The Plaintiff added the “after-sale agreement and court judgment on additional changes” to the performance fee and other provisions of the performance fee.

E. On November 1, 201, the Plaintiff, the Defendant, and Nonparty E entered into a delegation contract for litigation affairs (hereinafter “instant second delegation contract”) with respect to the criminal trial of the first instance court (Tgu District Court 2011Gohap500) of the above embezzlement case, etc. on which the following main contents are as follows.

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