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(영문) 의정부지방법원고양지원 2015.05.14 2014가단36224
약정보수금
Text

1. As to the Plaintiffs’ KRW 90,786,160 and KRW 75,786,160 among them, the Defendant shall start on December 19, 2013 and start on December 15, 200 among them.

Reasons

Facts of recognition

The plaintiffs are attorneys-at-law, and the defendant is the delegating person delegated with the litigation agency affairs to the plaintiffs as follows:

The case No. 1 (Seoul Central District Court 201Gahap137920, Jan. 14, 2012) (the case on the registration of ownership transfer) delegated the legal representation of the first instance court in the case No. 1 case that D filed against the Defendant to the Plaintiffs, and entered into a delegation contract with the effect that the Defendant shall pay KRW 5,500,000 as advance payment, and KRW 10,000 as advance payment immediately after the judgment was rendered when winning the case (hereinafter referred to as “the first delegation contract”), and on May 31, 2013, a judgment was rendered to dismiss the claim of D, the Plaintiff of the lawsuit (the Defendant winning the lawsuit).

D Upon the appeal of the above judgment of the first instance court, on September 30, 2013, the defendant entrusted the agency business of the appellate court (Seoul High Court 2013Na38277) to the plaintiffs, and entered into a litigation delegation contract with the purport that the defendant will pay 5,00,000 won with the retainer fee, and 10,000,000 won with the contingent fee not paid under the above contract of the first instance (hereinafter referred to as "the second delegation contract of lawsuit"), and on December 11, 2013, the appellate court also rendered a judgment dismissing the appeal, and the judgment became final and conclusive on January 4, 2014.

The defendant paid only KRW 5,500,000 upon the commencement of the first delegation contract, and did not pay KRW 10,000,000 for the successful fees under the second delegation contract and KRW 5,000 for the second delegation contract.

The second case (Seoul High Court case 2012Na94669) submitted to the relevant full-time adjudication (Seoul Central District Court 96Dahap49648, hereinafter "the first instance judgment of the second case") which was rendered a favorable judgment against the defendant on April 10, 1997 during the first instance trial of the second case (Seoul High Court case 201Na9469). The defendant also delegated the agency affairs of the second case to the plaintiffs, and the defendant won 5,500,000 won as the retainer fee and won as the successful fee.

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