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(영문) 서울중앙지방법원 2019.08.30 2019가단15937
청구이의의 소
Text

1. Compulsory execution against the plaintiff by the defendant based on the payment order of Seoul Central District Court 2018Hu1158264 is 780.

Reasons

1. The Plaintiff is a person who purchased a C Apartment-D unit.

Article 1 (Scope of Acceptance) A (Plaintiff) shall delegate to B (Mandatary) the settlement of the following cases, and Eul shall accept it:

(1) The indication of the case: (a) the case of so-called C Apartment case (e.g. cancellation and termination of the sale contract, damage, and claim for restitution of unjust enrichment): the case of the above case, Article 3 (Remuneration) A of the first instance trial and the preservation lawsuit of the case shall pay the remuneration and the costs of lawsuit against B as follows:

(2) contingent fees

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: Around 2011, at the time of receipt of money, the Plaintiff entered into a litigation delegation contract (hereinafter “instant delegation contract”) with the law firm E, which includes the following:

On February 1, 2013, the Defendant rendered a judgment of winning part of the case that “F Co., Ltd. F (hereinafter “F”) and G Co., Ltd. shall pay to each of the Plaintiffs the amount equivalent to 12% of the purchase price and the amount calculated at the rate of 5% per annum from December 22, 2012 to February 1, 2013, and 20% per annum from the next day to the day of full payment.”

From the appellate court of the above case, the 70 plaintiffs including the plaintiff (the plaintiffs in the corresponding case) changed their legal representative to H attorney, and the defendant is a sub-agent I or J legal representative of E Law Firm, who is a lawyer belonging to E Law Firm I or J law Firm, on behalf of the remaining litigant (the plaintiffs in the corresponding case).

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