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(영문) 광주지방법원 2018.05.25 2017가합55522
약정금
Text

1. As to KRW 324,200,00 and KRW 24,200,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from June 19, 2015 to July 3, 2017.

Reasons

1. Basic facts

A. On May 7, 2014, the Plaintiff, an attorney-at-law, entered into a delegation contract with the Defendant for the payment of the acquisition amount of KRW 7,703,497,620 on behalf of the Defendant in a lawsuit seeking the payment of the acquisition amount of KRW 7,703,497,620, and agreed to receive KRW 22,00,00 (including value-added tax) as at the time when the delegation contract is entered into and at the same time when the delegation contract is entered into, and the contingent fees in the case where the delegated affairs are successful are paid to 13% (including value-added tax) of the economic profit accrued from winning. (2) On May 9, 2014, the Plaintiff began to submit a letter of delegation of the lawsuit regarding the said lawsuit on May 9, 2014 pursuant to the delegation contract, and processed the litigation affairs on June 18, 2015 following the date for first pleading and six dates for pleading of lawsuit.

B. On September 25, 2014, the Plaintiff entered into a delegation contract with the Defendant as to two cases of application for payment of deposit and provisional seizure, and the Plaintiff was paid KRW 2,200,000 (including value-added tax) per case as remuneration at the same time as the delegation contract was entered into. (2) The Plaintiff applied for provisional seizure of claim against D as the Gwangju District Court 2014Kadan50829 pursuant to the delegation contract, and was decided on October 1, 2014. (3) The Gwangju District Court 2014Kadan50878, and applied for provisional seizure of claim against F against the trustee in bankruptcy of the bankrupt E-listed Company as the Gwangju District Court 2014Kadan50878, October 15, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3 (including each number), Eul evidence 3, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant shall pay the plaintiff 22,00,000 won for the commencement of the delegation contract by proxy, and 1,001,450,000 won for the contingent fees of the delegation contract by proxy under the above delegation contract, = the economic benefits accrued from winning 7,703,497.

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