logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2018.07.12 2017다227721
약정금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The judgment below

According to the reasoning, the court below determined that the plaintiff and the defendant are liable to pay the plaintiff the total amount of 78,252,790,790 won of the contingent fees agreed to pay the plaintiff 10,000 won (value-added tax separate) of the contingent fees in the case where dismissal of the defendant of the Nonghyup Bank becomes final and conclusive due to a judgment, mediation, etc. through the delegation contract of this case, and the defendant separately agreed to pay the plaintiff 13% of the contingent fees paid by the defendant in the lawsuit of this case, on the premise that the dismissal of the defendant of the Nonghyup Bank is null and void, the defendant was paid KRW 470,29,236 as honorary retirement allowances and retirement consolation money from the Nonghyup Bank. Thus, the defendant is liable to pay the plaintiff the total amount of the contingent fees agreed under the delegation contract of this case,

Furthermore, the lower court presumed that, on the grounds that there are special circumstances to deem that the agreed fee for the attorney’s fee for the handling of delegated affairs is unduly excessive and contrary to the principle of trust and good faith and the principle of equity, the Plaintiff and the Defendant may claim only the amount of remuneration within an exceptionally recognized scope. 13% of the amount equivalent to the unpaid wage and the delay damages from the time the Defendant was dismissed on the premise that the dismissal becomes null and void after the final and conclusive in addition to the contingent fee agreement for the case where the dismissal of the Nong Bank against the Defendant becomes final and conclusive through the contingent fee agreement included in the contract of this case, the lower court agreed on the contingent fee for the defendant’s fee for the handling of delegated affairs of this case. 2. The Defendant did not return to the Nonghyup Bank through the instant conciliation and agreed on the voluntary retirement from the Nonghyup Bank, and accordingly, the Defendant first agreed on the voluntary retirement from the Nonghyup Bank.

arrow