logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.09.26 2018가단5253300
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is an attorney-at-law operating a law office.

B. On September 19, 2018, the Defendant concluded a delegation agreement with the Plaintiff through the employees of the Plaintiff’s attorney-at-law office in order to file a lawsuit of divorce, division of property, or consolation money against C, and the written agreement on such agreement includes the following:

(hereinafter referred to as the “instant delegation agreement”). Article 2 (Advanced Payment) pays to Ha the daily gold (including KRW 11,00,000,000, and value added tax) as the retainer of delegated affairs.

except that this commencement shall not be requested for the return even if the delegation has been cancelled or any other cause has occurred.

III.(Expenses)The stamp fees, service charges, expenses for record keeping, verification and appraisal, witness daily allowance, travel expenses, guarantee deposit, progress expenses and other costs of lawsuit necessary for the handling of the entrusted affairs shall be paid immediately as requested by you.

When the delegated affairs have success in the judgment, the settlement of a trial or a trial (including a decision of recommending reconciliation), the mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:

(2) In the following cases, an amount equivalent to 10% of the value of economic benefits acquired by winning (excluding value-added tax) shall be deemed to have won in full, and a success fee prescribed in subparagraph 1 of the preceding Article shall be paid in full:

1. Where the principal has voluntarily waived or recognized a claim, compromise, withdrawal of a lawsuit, withdrawal or renunciation of an appeal, or has consented to an appeal of the other party or withdrawal of an appeal;

3. An application for provisional seizure or provisional disposition under Article 10 when the principal has voluntarily rescinded this delegation contract, or his delegation has been terminated due to any cause not attributable to him;

C. On October 18, 2018, the Seoul Family Court against C, on behalf of the Defendant, seeking a divorce, etc.

D. The term “family action” (hereinafter referred to as “family action”).

The Seoul Family Court shall file an application for provisional seizure against real estate (the Seoul Family Court E.

arrow