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(영문) 서울중앙지방법원 2014.11.28 2014가합43170
약정금
Text

1. The Defendant shall pay to the Plaintiffs KRW 715,432,261 as well as 20% per annum from September 27, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant is the Housing Redevelopment Project Association established with the approval of the head of Dongdaemun-gu Seoul Metropolitan Government on October 2, 2006 by designating the Dongdaemun-gu Seoul Metropolitan Government D D as the rearrangement zone.

B. On November 2, 2012, the head of Dongdaemun-gu Seoul Metropolitan Government issued a disposition imposing a charge of KRW 2,242,54,00 ( = the selling price of KRW 280,318,00,000 x 0.8%) on the Defendant based on the Defendant’s 486 household units under the Defendant’s Housing Redevelopment Project Act (hereinafter “instant disposition”).

The delegating person: The mandatory person of the defendant (A) : Article 1 (Scope of Delegation of Litigation) A of the Act Office (Plaintiffs, B) shall delegate the agency affairs of litigation until the final and conclusive judgment on the above case is rendered.

Article 3(Expenses)No charge shall be borne by the stamp, delivery charge, recording copying expenses, verification and appraisal expenses, witness travel expenses, travel expenses, travel expenses, guaranty deposit, execution expenses, and other costs of lawsuit necessary for handling the delegated affairs by the Party A, and the cost of lawsuit borne by the Party A shall not be claimed by the Party A.

When delegated affairs have success in judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the amount equivalent to 30% of the economic gains gained by winning the case (excluding additional dues) shall be paid as contingent remuneration.

Economic benefits means winning money and damages for delay.

In cases of conciliation reconciliation, the amount received in lieu thereof shall be deemed economic benefits.

C. On January 28, 2013, the Defendant entered into an agreement with the Plaintiffs to delegate the affairs of a lawsuit seeking revocation of the instant disposition to the Plaintiffs by proxy (hereinafter “instant agreement”). D.

The Plaintiffs, on behalf of the Defendant on January 31, 2013, pursuant to the above agreement, shall revoke the imposition disposition of KRW 2,242,54,00,00 against the head of Dongdaemun-gu Seoul Administrative Court (Seoul Administrative Court Decision 2013Guhap3580).

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