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(영문) 서울중앙지방법원 2019.11.08 2018나83101
성공보수금
Text

1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following amount.

Reasons

1. Facts of recognition;

A. The defendant is a person who purchased an apartment E of the Incheon Free Economic Zone E of Construction Co., Ltd. (hereinafter “instant apartment”) from C Co., Ltd. (hereinafter “C”), the truster, and the plaintiff is a former attorney-at-law belonging to the law firm G.

B. Around 2011, the number of buyers of the instant apartment, including the Defendant, entered into the instant delegation contract, entered into a litigation delegation agreement (hereinafter “instant delegation agreement”) with the law firm G containing the following details.

Article 1 (Scope of Acceptance) A (Defendant) shall delegate to B (Law Firm G) the settlement of the following cases, and Eul shall be accepted:

(1) The indication of the case: The scope of acceptance of the so-called H case (such as cancellation and cancellation of the sale contract, compensation for damages, and claim for restitution of unjust enrichment): Article 3 (Remuneration) A of the first instance trial and the preservation lawsuit in the first instance trial of the above case shall pay the remuneration and the costs of lawsuit to B as follows:

(a)Advanced money: gold 200,000 won (including value added tax); and

1.The amount calculated at the following rates by applying differential rates by economic gains value - below 5 per cent: 7 per cent of the economic gains (including surtax; hereinafter the same shall apply) - The economic gains value exceeding 5 per cent but not exceeding 10 per cent: 8 per cent of the economic gains value - the economic gains value exceeding 10 per cent but not exceeding 15 per cent of the parcelling-out price: 9 per cent of the economic gains value exceeding 15 per cent: 10 per cent of the economic gains value.

2. Time of payment: Receipt of money.

C. 1) The process of the previous lawsuit is 1) The law firm G, on behalf of the buyer of the apartment of this case including the Defendant, seeking a refund of the sale price, etc. against C and D and the J Co., Ltd., Ltd. (hereinafter “previous lawsuit”).

(2) On February 1, 2013, the Incheon District Court: C and D and J Co., Ltd. sold the apartment of this case.

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