(영문) 서울중앙지방법원 2018.11.14 2018나20490

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Reasons

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2018.11.14 2018나20490

약정금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

A. Around October 24, 2014, the client entered into a delegation contract (hereinafter “instant contract”) with D, who is an employee working at the office, as the Defendant and the mandatory Plaintiff, including the following:

A client: A client shall conclude a delegation contract between C clients (A) and a mandatary (A) as follows:

Article 1 (Scope of Appointment) A shall delegate to B the settlement of the following cases, and shall confer the power stated in the power of attorney upon the separate power of attorney.

O Scope of delegation (the corresponding indication)

1. Article 2 (Appointment Fee, etc.) A of the Litigation or Appeal at the first instance (O) shall pay to B an appointment fee, expenses for handling litigation, value-added tax, etc. as follows:

(1)Advance payments;

1. Gold million won (excluding value-added tax) and counterclaims;

(2) contingent fees

1. Method of calculating ① 10% (including value-added tax) of economic benefits in cases of calculating the amount of winning (amount of winning) * In cases of the defendant, 10% of economic benefits (including value-added tax) 10% of economic benefits (including value-added tax) in cases of the defendant;

2. Time of payment: The success shall be deemed successful and the contingent remuneration shall be paid in any of the following cases at the time of sentencing in the first instance:

1. When Gap voluntarily waived a claim, or consented to, the withdrawal, acceptance or withdrawal of a lawsuit, and consent, compromise, mediation, or withdrawal of an appeal (a special agreement) confirmed that Gap gave full explanation from Eul about the prospect of the case, bearing of the costs of the lawsuit, etc.

C. On December 18, 2015, the Plaintiff, as a legal representative of the Defendant in the relevant case, entered into mediation including the following: “The Defendant and C are divorced, and C was paid KRW 100 million by division of property from the Defendant, and the Defendant shall be paid KRW 250 million to C as division of property and consolation money.”

[Ground of recognition] dispute.

유사 판례

-서울서부지방법원 2015.11.18 2015가단205775

-광주지방법원 2018.06.01 2017나7947

-서울중앙지방법원 2016.12.30 2016가단29362

-서울중앙지방법원 2016.07.22 2014가합590935

-인천지방법원 2017.01.11 2016나56069