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(영문) 서울중앙지방법원 2015.07.01 2014가단94270
약정금
Text

1. The defendant shall pay 94,500,000 won to the plaintiff and 20% per annum from February 18, 2014 to the day of full payment.

Reasons

1. Basic facts

A. The plaintiff is an attorney-at-law, and the defendant is an autonomous management organization composed of occupants of the Gosang B apartment (hereinafter "the apartment of this case").

B. 1) On February 2, 2010, the Defendant concluded a litigation delegation agreement (hereinafter “instant delegation agreement”) with the twosan Construction Co., Ltd. (hereinafter “dusan Construction”) and the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.) claiming defect liability, etc. (hereinafter “instant premise lawsuit”). On February 2, 2010, the Defendant entered into a litigation delegation agreement with the Plaintiff to delegate the affairs of performing the instant premise lawsuit with the Plaintiff, a law firm, and C (hereinafter “instant delegation agreement”).

The main contents of the delegation contract shall be as follows:

Article 3. 【Court Litigation Costs, etc.】 Litigation Costs, such as stamp fees, delivery fees, records copying costs, verification costs, appraisal costs, witness travel expenses, travel expenses, travel expenses, etc., which are required for handling the delegated affairs, shall be paid by a lawyer on behalf of

Provided, That the above litigation costs paid by the attorney-at-law shall be deducted from the winning amount (including the provisional enforcement amount) first.

Article 4 【Where the attorney-at-law’s affairs are deemed to be winning the case’s case for any of the following reasons, the Gap (the defendant) shall be deemed to be winning the case:

(1) The amount of attorney's fees shall be 15% of the amount of winning (including the amount of provisional execution) when the defendant voluntarily withdraws a claim, withdraws a lawsuit, waives a final appeal, or withdraws an appeal, and the delegation is terminated due to a cause not attributable to B (referring to a law firm C).

Article 6 (Recovery of Litigation Costs) When the delegated affairs have fully or partially successful, A shall immediately pay B the litigation-related expenses paid by the attorney-at-law under Article 3 from the economic profit amount, and the attorney's fees under Article 5 (1).

§ 7.

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