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(영문) 대구지방법원 2018.12.19 2018나313245
약정금
Text

1. Of the judgment of the court of first instance, the part against Defendant B, which exceeds the following amount ordered to be paid, shall be revoked.

Reasons

1. Basic facts

A. On November 4, 2015, Defendant B filed a lawsuit seeking divorce, division of property, etc. against D, who is the husband (Seoul Family Court 2015da108675, hereinafter “instant divorce case”); Defendant C is the children of Defendant B and D; the Plaintiff is the attorney who accepted the instant divorce case from Defendant B and proceeded with the lawsuit.

B. The Plaintiff entered into a delegation contract with Defendant B on the instant divorce case (hereinafter “instant delegation contract”), and the main contents relating to the instant case are as follows.

Article 7 (Competence Remuneration) The amount of winning fees shall be paid in an amount equivalent to 10% of the economic profit (including principal and interest) (Provided, That 10% of the value-added tax shall be separately paid).

Article 8 (Cases in which gender is considered to be good) In all or part of the following cases, the maximum amount of contingent remuneration prescribed in Article 7 shall be considered to be successful and paid.

1. Where Defendant B voluntarily waives or recognizes a claim, compromise, withdrawal of a lawsuit, withdrawal of an appeal, or consent to the withdrawal of a lawsuit by the other party;

3. Where the delegation contract is voluntarily rescinded by Defendant B, or the delegation is terminated due to reasons not attributable to the Plaintiff (hereinafter collectively referred to as “instant winning clause” in subparagraphs 1 and 3 of Article 8)

C. Defendant B and his children requested the Plaintiff to withdraw the instant case on June 15, 2017, where the instant divorce case was pending. D.

Accordingly, on June 20, 2017, the Plaintiff submitted to the court a written withdrawal of the instant divorce case, and on the same day D’s attorney consented to the withdrawal of the instant divorce case, and the instant divorce case was concluded as of June 20, 2017.

E. At the time of the conclusion of the instant divorce case, Defendant B’s divorce and consolation money amounting to KRW 50,00,000 and delay damages therefrom, and property division amounting to KRW 939,962,712 and this amount.

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