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(영문) 서울중앙지방법원 2018.03.30 2017나45379
약정금
Text

1. Each appeal by the Defendants is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On August 5, 2014, Defendant A filed a lawsuit against C, D, and E seeking the Seoul Family Court 2014ddan315491, against C, and against C, seeking consolation money and division of property arising from resolution of de facto marriage relations, against D and E, and against C, Defendant A filed a lawsuit seeking revocation of fraudulent act on the ground that C’s donation of 190.3 square meters of Dobong-gu Seoul Metropolitan Government Fran-gu’s 190.3 square meters of land and its 2nd floor (hereinafter “each of the instant real estate”) constitutes a fraudulent act. The said lawsuit submitted a duplicate of the above complaint, and submitted a written response to C, D, E, and on October 23, 2014, and died on November 12, 2014, where the lawsuit is pending.

B. Meanwhile, on August 25, 2014, D and E filed a lawsuit seeking delivery of each of the instant real estate under the Seoul Northern District Court Decision 2014Da121850 against Defendant A and his/her children.

C. On December 1, 2014, the Plaintiff, a law firm, entered into a delegation agreement with the Defendants (hereinafter “instant delegation agreement”) with the effect that the Plaintiff, in each lawsuit in the instant Seoul Family Court case 2014ddan315491 and the Seoul Northern District Court 2014Kadan121850, on behalf of the Defendants. The main contents of the instant delegation agreement on remuneration are as follows.

Article 6 (Advanced Remuneration) (1) A mandator (defendants) shall pay 3,300,000 won (including surtax) to a mandatary at the same time as the contract of delegation is concluded.

Article 7 (Remuneration for Performance)

(a)where the performance fee delegated affairs have succeeded to a judgment, judicial or extra-judicial reconciliation (including a recommendation of reconciliation), mediation (including a decision in lieu of conciliation), etc., the amount equivalent to 10 per cent of the total economic profit acquired by winning (including value added tax) shall be paid as contingent remuneration;

Plaintiff

The Seoul Family Court case No. 2014ddan315491 decided February 9, 2015, the attorney affiliated with the Seoul Family Court was due to the settlement of de facto marriage relation D and E.

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