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(영문) 춘천지방법원원주지원 2013.12.18 2013가단7737
수임료
Text

1. The defendant shall pay 37 million won to the plaintiff and 20% per annum from August 22, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On March 14, 2006, in order to file a lawsuit against C seeking implementation of the procedure for cancellation of ownership transfer registration of three parcels of land located D in the original city in the original city (hereinafter “instant real estate”), the Defendant entered into a contingent fee agreement with C, stating that the Plaintiff, an attorney-at-law, delegated the lawsuit, and the retainer payment shall not be paid, but where the judgment in which the entire winning judgment is rendered, the Defendant shall pay 10% of the share of the pertinent real estate.

B. The Plaintiff, on behalf of the Defendant, filed a lawsuit against C to cancel the registration of ownership transfer (hereinafter “instant lawsuit”). The Plaintiff asserted that the registration under C’s name should be cancelled on the condition of the repayment of the loan, since the registration of ownership transfer completed through the transfer of the loan amount is a registration by means of the transfer of the loan, and that C, the other party, as the registration of ownership transfer, is a registration under a sales contract, and thus, C, the said registration of ownership transfer cannot be returned because it is a registration under the sales contract.

On January 2, 2008, the above court accepted the Plaintiff’s assertion and the Defendant, and rendered a judgment that “C received KRW 140,469,199 from the Defendant, and delayed payment, and subsequently fulfilled the procedure for cancellation registration of ownership transfer registration of the instant real estate.”

C. C appealed to the above judgment, and the Defendant agreed to revise the terms and conditions of the fee agreement to pay the Plaintiff KRW 10 million with the retainer and the contingent fee to the Plaintiff, and that “The real estate shall be deemed as a security for transfer, and the amount of the loan shall not be determined in full winning if it is deemed that the real estate is a security for transfer, and the amount of the loan shall not be determined.”

(hereinafter referred to as “instant contingent fee arrangement”). At that time, the Defendant paid KRW 11 million including value-added tax to the Plaintiff.

The defendant, on behalf of the plaintiff, continued to perform the litigation in the appellate court (Sacheon District Court 2008Na478), and on January 12, 2009.

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