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(영문) 서울중앙지방법원 2016.10.05 2016나30073
약정금(성공보수금) 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows: (a) the second and fourth instances of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the case where the payment of the second and fourth instances of the judgment is to be made, and the second and fourth instances of the judgment are as stated in the main sentence of Article 420 of the Civil Procedure Act. Thus, it is acceptable in accordance with the main sentence of Article 4

2. As a matter of principle, a mandatory may claim full amount of the agreed remuneration when agreed on the amount of remuneration under a delegation contract. However, in light of the developments leading up to delegation, progress and difficulty of delegated affairs, degree of effort made by a delegating, specific benefits that the delegating person gains in the course of performing his/her duties, and other circumstances revealed in oral arguments, only the amount of remuneration within the reasonable scope exceptionally deemed reasonable (see, e.g., Supreme Court Decision 2015Da35560, Feb. 18, 2016) may be claimed if there are extenuating circumstances to deem that the agreed remuneration amount unfairly excessive and contravenes the principles of good faith and equity (see, e.g., Supreme Court Decision 2015Da3560, Feb. 18, 2016). In short, the aforementioned evidence and evidence were found as follows: (i) the Plaintiff already received the agreed amount of remuneration under the delegation contract in this case from the Defendant; (ii) the Plaintiff and the Defendant (including additional amount of KRW 200,00,00,00,00,00).

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