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(영문) 부산지방법원 2019.01.24 2018나57353
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On August 29, 2017, in order to file a lawsuit against C, the Plaintiff and the Defendant concluded a delegation contract with the law firm D with the following contents.

The mandator (A) of a contract for delegation of a lawsuit: The plaintiff and the defendant's mandatory person (B): Article 6 (Advanced Payment) A of the D shall pay the following retainers to B for the management of delegated affairs:

(1) A shall be paid 7 million won (excluding value-added tax) in advance simultaneously with the conclusion of a delegation contract to B jointly and severally.

When the delegated affairs are successful under Article 7, Gap shall jointly and severally pay the amount equivalent to 10% of the value of economic benefits (referring to the amount cited in the amount claimed) to Eul.

(excluding value-added tax); (b)

D As the Plaintiff and the Defendant jointly filed a lawsuit claiming unjust enrichment (hereinafter “instant lawsuit”) with Suwon District Court 2017Kadan531518, Suwon District Court. During the process of the instant lawsuit, the Defendant delivered evidentiary documents, such as receipts, to the Plaintiff and submitted them to the full bench.

C. On November 23, 2017, the said court rendered a favorable judgment that “C shall pay to the Plaintiff the amount of KRW 70 million, KRW 35 million, and each of them at the rate of 15% per annum from September 12, 2017 to the date of full payment,” and the said judgment became final and conclusive on December 14, 2017.

On August 29, 2017, the Plaintiff paid KRW 7.7 million as the retainer, and KRW 1.55 million as the contingent fee on December 5, 2017 to each law firm D.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, 8, 10 to 15, and the purport of the whole pleadings

2. Determination

A. The plaintiff entered into a delegation contract with D law firm with the consent of the defendant, and D law firm as the plaintiff and the defendant's legal representative filed a lawsuit of this case against D and received a favorable judgment, and the defendant should share the retainer.

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