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(영문) 서울중앙지방법원 2016.06.02 2015가합21917
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties is the council of occupants' representatives comprised of three apartment complexes (hereinafter "the apartment of this case") located in the Dobong-gu Seoul Metropolitan Government in Yongsung-si and the defendant is the attorney-at-law.

B. On August 12, 2009, the Plaintiff entered into a contract with the Defendant for the delegation of a lawsuit against the Maritime Construction Co., Ltd. (hereinafter “Maritime Construction”) which constructed or sold the apartment of this case (hereinafter “Maritime Construction”) and the Maritime Mineral Construction Co., Ltd. (hereinafter “HUD”) for the public disclosure performance claim (hereinafter “instant construction performance claim”), piracy construction, luminous construction, minito, and the Construction Mutual-Aid Association which entered into a contract for the warranty bond (hereinafter “instant contract for the warranty bond, etc.”) in order to handle litigation affairs related to the claim for the warranty bond (hereinafter “claim”), each litigation delegation agreement (hereinafter “instant delegation agreement” in combination with each litigation delegation agreement) against the construction mutual-aid association which entered into the contract for the performance of construction works of this case and the instant warranty bond, etc., but all of the contents of the contract are identical, and thus, the content of the instant case is as follows.

The council of occupants' representatives (hereinafter referred to as the "A") and the attorney-at-law (hereinafter referred to as the "B") shall conclude a contract for the delegation of a lawsuit as follows:

A shall delegate the litigation affairs to B and shall comply with the following matters with respect to defective apartment cases, etc. of A until the lawsuit is concluded:

Article 2 (Bearing of Expenses) Section 2 (Bearing of Expenses) shall pay on behalf of others any defect inspection costs (1,100 won - per management balance, but shall be included in the contingent fee arrangement rate at the time of proceeding in a lawsuit, and shall not be claimed against A), stamp, delivery charges, verification appraisal costs, execution costs and other costs of lawsuit necessary to handle the delegated affairs.

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