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(영문) 서울중앙지방법원 2018.08.21 2017가단5183923
양수금
Text

1. The Defendant: KRW 62,128,656 for the Plaintiff and KRW 5% per annum from March 29, 2016 to October 12, 2017.

Reasons

1. Facts of recognition;

A. On November 17, 2008, the Defendant owned C’s claim of KRW 517,500,000 based on a monetary loan agreement for consumption for money, but held an executory exemplification of a notarial deed (No. 1689, 2008, an executory exemplification of a notarial deed related to the above claim.

B. On February 6, 2012, the Defendant entered into the instant delegation agreement with E, a law firm attorney-at-law, with the content that the Defendant delegated Nonparty E with “a series of litigation procedures necessary for debt collection, such as revocation of fraudulent act, etc.” against Nonparty C, paid KRW 7 million in return, and paid 10% of the amount actually collected as contingent fees.

(hereinafter referred to as “instant agreement”). C.

E filed a lawsuit to revoke a fraudulent act on behalf of the Defendant on March 2, 2012 against F, etc. (Seoul Eastern District Court 2012Gahap2963), but on September 18, 2012, the decision to recommend reconciliation was made and the decision to recommend reconciliation became final and conclusive around that time.

E on November 24, 2015, on behalf of the Defendant, deposited the above claim amount on January 25, 2016, with the claim amounting to KRW 621,286,561 in respect of the claim amount against C’s transfer bank and Do-negotiable Securities Co., Ltd. (Seoul Dong District Court 2015, 16087, hereinafter “instant claim attachment collection order”), and the transfer bank deposited the above claim amount.

On March 29, 2016, the Defendant received 621,286,561 won as to the deposit money, which became final and conclusive without raising any objection to the distribution.

E. At the time of the above distribution date, E demanded the Defendant to pay 10% of the dividend as a successful fee, but the Defendant failed to comply with it. On December 27, 2016, E transferred the Plaintiff’s right to the contingent fee to the Defendant to the Plaintiff on August 29, 2017, with the change of its affiliation to the Plaintiff’s member attorney-at-law, and notified the Defendant on the same day.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and Eul No. 2.

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