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(영문) 부산지방법원 2014.09.18 2013가합14586
약정금 등
Text

1. The Defendant’s KRW 394,971,136 as well as 5% per annum from August 23, 2013 to September 18, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On July 5, 2007, the Plaintiff is a law firm established for the purpose of performing duties of attorney-at-law. On March 16, 2012, the Plaintiff was changed from “law firm D” to “law firm C,” and on May 13, 2013, from “law firm C,” to “law firm A,” and the Defendant is an autonomous management body consisting of its occupants for the management of B apartment located in Busan Seo-gu E (hereinafter “instant apartment”).

B. On December 15, 2010, the Defendant concluded a litigation delegation agreement with the Plaintiff (the Plaintiff’s name at the time was “Law Firm D”) on December 15, 2010, with respect to the following (hereinafter “instant delegation agreement”) against the KS Construction Co., Ltd. (hereinafter “SK Construction”) and the Construction Mutual Aid Association, which is the business entity that constructed and sold the instant apartment, and the construction mutual aid association that guaranteed its defect repair obligation, to file a lawsuit seeking damages for the defects of the instant apartment (hereinafter “instant defect lawsuit”).

Article 2 (Delegation Limit) The limitation of delegated affairs delegated by the defendant to the plaintiff by the defendant shall be until the conclusion of the judgment (reconciliation recommendation, mediation, agreement, etc.).

Article 7 (Remuneration for Performance) When delegated affairs have successs in judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., an amount equivalent to the standards for payment of contingent remuneration (excluding value-added tax) out of the winning amount shall be paid as contingent remuneration.

Article 8 (Bearing of Expenses)

A. The costs necessary for the litigation (such as stamp fees, delivery fees, verification fees, appraisal fees, etc.) shall be lent to the defendant and repaid preferentially from the judgment amount (ad hoc fees, agreement fees, etc.).

B. The amount of the judgment (i.e., the amount of adjustment and the amount agreed upon) shall be paid to the Plaintiff upon receipt by the Defendant.

(c) defect diagnosis costs shall be 4.

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