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1. The defendant's KRW 14,35,00 for the plaintiff and 6% per annum from July 23, 2020 to November 26, 2020 for the plaintiff.
Reasons
1. Basic facts
A. The Defendant and C filed a check payment lawsuit against the Defendant and D as Busan District Court Decision 2008Kadan128026, Jan. 20, 2009. The above court decided on Sep. 6, 2007 for KRW 261,00,000 and KRW 146,00,000 among the above money together with the Defendant and D until December 31, 2007, for KRW 35,000,000 from February 28, 2008, for KRW 40,000,000 from March 28, 2008 to December 31, 207, each of the above decisions became final and conclusive on Apr. 28, 2008 to 30,000, and each of the above decisions to 206Da40,000 from Apr. 28, 200 to 207.
B. Around June 2018, the Defendant entered into a delegation contract between the Plaintiff and the Defendant with a view to filing a claim for objection against the previous judgment (hereinafter “instant delegation contract”), and agreed to set the retainer amount as KRW 7,00,000 (excluding value added tax) and set the performance bonus and special terms as follows. The Defendant agreed to limit the “economic benefits acquired in favor of the Plaintiff” out of the performance bonus to the principal amount.
Article 7 (Remuneration for Performance)
(a) When the delegated affairs of contingent remuneration have succeeded to a judgment, judicial or extra-judicial reconciliation (including a decision of recommending reconciliation), mediation (including a decision in lieu of mediation), etc., the contingent remuneration shall be paid in accordance with the following classification:
(2) The actual cost of the special agreement equivalent to five percent of the economic benefit acquired in favor of the plaintiff (excluding value-added tax) shall be transferred to the plaintiff, half of the separate cost of the lawsuit.
C. 1) According to the instant delegation contract, the Plaintiff filed a lawsuit seeking objection against the previous judgment on behalf of the Defendant on July 2, 2018, as Busan District Court Decision 2018Da319050, on behalf of the Defendant (hereinafter “instant lawsuit”).
(2) The above court filed on February 2020.