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(영문) 서울중앙지방법원 2016.04.06 2015가단5333311
약정금
Text

1. The Defendant’s 22,00,000 as well as 20% per annum from September 26, 2015 to September 30, 2015, and the next day.

Reasons

1. Facts of recognition;

A. B filed a lawsuit against the Defendant seeking implementation of the procedure for ownership transfer registration on the ground of termination of title trust with respect to shares of 281,890/290,480 among Kimcheon-si Forest and C, and the Defendant filed a counterclaim against the Defendant seeking cancellation of ownership transfer registration in the name of B as to shares in D forest and land and E.

On December 19, 2013, the court of the first instance rendered a judgment to accept the claim of the principal lawsuit in B and to dismiss the defendant's counterclaim.

[The Daegu District Court Decision 2013Gadan2111 (Main Office), 2013Gadan7130 (Counterclaim)].

F was lost in performing the first instance trial as the representative of the defendant, and on January 15, 2014, as the defendant's representative, the F concluded a contract for the delegation of a lawsuit with the plaintiff about the appellate trial with the amount of KRW 10 million (excluding value added tax) and the amount of KRW 20 million (excluding value added tax) as the contingent fee.

C. During the appellate trial proceeding, the Defendant clan held an extraordinary general meeting and elected G as the representative, and the Defendant’s representative was corrected to G.

As a result of the plaintiff's pleading as the defendant's legal representative in accordance with the delegation contract, the appellate court revoked the judgment of the first instance on June 25, 2015, dismissed the claim of the second instance, and declared the judgment accepting the defendant's counterclaim.

[The Daegu District Court 2014Na1285 (Mains), 2014Na1292 (Counterclaim)] A appealed, but the appeal was dismissed.

[Supreme Court Decision 2015Da44090 (principal lawsuit), 2015Da44106 (Counterclaim)] [Grounds for recognition] A without dispute; evidence set forth in subparagraphs 1 through 8; evidence set forth in subparagraph 1-1, 2, 3; the purport of the entire pleadings

2. According to the facts found in the judgment as to the cause of the claim, the defendant can be aware of the fact that the defendant has received a favorable judgment in the appellate court due to the plaintiff's performance of the lawsuit. Thus, the defendant is from September 26, 2015 to September 2015, 2015, which is the day following the delivery of the original copy of the payment order sought by the plaintiff.

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