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1. The Defendant’s KRW 173,972,150 among the Plaintiff and KRW 168,472,150 among the Plaintiff, shall be KRW 5,500,000 from October 30, 2015.
Reasons
1. Basic facts
A. On August 20, 2014, the Plaintiff and the Defendant entered into a litigation delegation contract with the Seoul Family Court of 2013Ddan93961 (the main lawsuit), and 2014ddan13146 (Counterclaim) (Counterclaim in this case) (hereinafter “Defendant”). According to the delegation contract above, the Defendant did not pay the Plaintiff the retainer fee, and the Defendant agreed to pay the amount equivalent to 35% of the economic profit acquired by winning the case as a performance bonus when the delegated business was successful due to the judgment, etc.
B. On October 29, 2015, Seoul Family Court Decision 2013Ddan93961 (main office) and 2014Ddan13146 (Counterclaim), the Defendant and C shall be divorced. The Defendant shall pay C the consolation money of KRW 30,00,000 with the annual interest of KRW 5% from January 15, 2014 to October 29, 2015, and the annual interest of KRW 20% from October 30, 2015 to the day of full payment. C paid the Defendant the ownership transfer registration procedure with respect to the share of KRW 1,229 square meters before D, E397 square meters, 394/397 square meters of road, to the Defendant.
C. Both the Defendant and C filed an appeal regarding the foregoing judgment. On November 11, 2015, the Plaintiff and the Defendant concluded a delegation contract with respect to the appellate case. According to the delegation contract above, the Defendant paid KRW 5,500,000 as the retainer fee, and when the delegated affairs have been successful due to the judgment, etc., the Defendant agreed to pay an amount equivalent to 20% of the economic profit (which is irrelevant to the delegation contract as of August 20, 2014 and is based only on the claim amount of the appellate court) accrued from winning the judgment, etc. as the contingent remuneration.
In Seoul Family Court Decision 2015Reu1476, 2015Reu1483 (Counterclaim), the above appellate court rendered a judgment dismissing both the appeal filed by C and the defendant on June 29, 2016, and the appeal filed by C, however, withdrawn the lawsuit on October 6, 2016.
E. Incheon, which is the property that C orders the Defendant to divide in the above counterclaim.