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(영문) 서울중앙지방법원 2015.11.06 2015가단31467
수임료
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 22 million and the interest rate thereon from January 23, 2015 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

A. (1) On September 11, 2013, the Plaintiff, as a law firm, concluded the instant delegation agreement with the Defendants (hereinafter “instant delegation agreement”) with regard to civil litigation cases filed by the Defendants against Defendant A, B, E, and F, and against Defendants A, A, B, E, and F, the Defendants set the starting amount for civil litigation cases filed by the Defendants against E, F, and BioTRN Co., Ltd. as 33,00,000 won.

(2) The instant delegation agreement states that the Defendants shall pay the Plaintiff the retainers upon the formation of the delegation agreement, but the Defendants agreed to pay the retainers later due to the absence of self-sufficiency.

(3) According to the instant delegation contract, the Plaintiff filed a complaint with Defendant A and B, who was the complainant, against the investigation agency for fraud, and filed a complaint with Defendant A and B with the investigation agency for the case suspected of fraud. As to the case suspected of fraud, Defendant A and B filed a complaint with Defendant A and B, the lower court submitted the defense counsel appointment system as the defense counsel of the said Defendants.

However, with respect to civil litigation cases, the Defendants did not submit relevant documents necessary for the lawsuit and did not pay the stamp amount to be paid to the court, and the Plaintiff did not receive the complaint.

(4) On July 10, 2014, E and F who filed a complaint by the Plaintiff as a complainant, was subject to a non-prosecution disposition. Defendant A and B filed a complaint, but the complaint was dismissed on September 11, 2014.

The case on which the defendant A and B filed a complaint was also closed as a non-prosecution disposition.

[Ground] Evidence Nos. 1 through 3, Eul No. 1, 2, and the purport of the whole pleadings

B. According to the above facts of recognition, since the plaintiff started criminal case acceptance affairs in accordance with the delegation contract of this case, the defendants jointly and severally filed a claim with the plaintiff for the amount of KRW 2,00,000,000,000 (the plaintiff did not commence a civil case) from among the amount of KRW 33,00,000,000,000,00

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