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(영문) 서울중앙지방법원 2019.11.08 2018나86223
성공보수금
Text

1. Of the judgment of the court of first instance, the part against the Defendants ordering payment in excess of the following amount.

Reasons

1. Basic facts

A. The Defendants jointly purchase Incheon D apartment unit E in their name (hereinafter “instant apartment”) and the Plaintiff is a person who was an attorney-at-law belonging to the law firm F.

B. On September 17, 201, the Defendants indicated the case under Article 1 (1) (1): (2) of the so-called D case (e.g., cancellation and cancellation of the sale contract, compensation for damages, and claim for restitution of unjust enrichment): The other party: The indication of competent court, agency, etc. of the apartment seller, Korea, Incheon Metropolitan City, Korea Land & Housing Corporation, G Corporation, etc.: the scope of the case: the Incheon District Court or Seoul District Court (4): Article 3 (1) of the entirety of the principal lawsuit and the preservation lawsuit of the first instance court of the above case; the contingent fee of KRW 200,000 (including additional tax) (2).

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: A contract for delegation of litigation (hereinafter “instant delegation contract”) was concluded at the time of receipt of money.

C. The total number of buyers of the apartment of this case, including the Defendants, filed a lawsuit claiming the return of the sale price against H Co., Ltd. (hereinafter “related lawsuit”), which is the executor of the construction and sale of the apartment of this case. The law firmF representing 696 members of the first instance court of the related lawsuit in accordance with the delegation contract with the buyer of this case, such as the delegation contract of this case, and the Plaintiff conducted the related lawsuit as the legal firmF attorney. The first instance court of the related lawsuit on February 1, 2013, "H Co., Ltd." means the amount equivalent to 12% of the sale price to the Defendants of this case, and this is related thereto.

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