The core reading: Two years ago, Yunnan Tianwaitian, director of law firm lawyers Luo Ke going through a lot of hard work, time-consuming two and a half years to win 40,000,000 subject of a lawsuit, the parties received 5,000,000 yuan after the implementation of paragraph Refused to pay the legal fees. To this end, Luo Ke to the other party to court to request legal fees 1,270,000 yuan. Yesterday, Yuxi City Intermediate People's Court case, the accused do not want to pay the legal fees on the grounds that: "He is our legal counsel, but also how to pay legal fees?" It is understood that this is by far the largest province Acting together with a lawyer to recover costs of the case.
The origin of cases win not get legal fees
In 2004, Kim Tae Yuxi Iron and Steel Company (hereinafter referred to as "Kim Tae-steel") and in Yuxi, a real estate company iron ore signed a "contract of supply and marketing," Kim Tae-contract iron and steel entry into force of the contract within 10 days to pay the real estate company Iron ore deposit 10,000,000 yuan, real estate companies committed to the same conditions, the goods in the first paragraph after the iron ore mining after Kim Tae-priority to the sale of iron and steel, the price Suihangjiushi. At the same time, the contract also on the quality of iron ore, place of delivery, clearing the way, such as breach of duty to make a clear agreement.
March 30, 2004, Kim Tae-iron to the real estate company to pay a deposit 10,000,000 yuan, later, real estate companies do not honor their contract. To that end, Kim Tae-court instead of steel. March 2, 2005, Kim Tae-steel commissioned Ke Luo lawyer to fight the lawsuit. Since then, Ke Luo has more than 100 times around Yuxi in Kunming and Beijing in fighting this lawsuit, the lawsuit hit from the Supreme People's Court of Yunnan Province Higher People's Court. In the real estate company after receiving Tae complaint steel, real estate companies also take the initiative of 10,000,000 yuan deposit. However, Kim Tae-steel or to have a say.
Last August, after a two and a half years of litigation, the case hit the Supreme Court, the Supreme Court closed mediation. Kim Tae-estate company agreed to pay 4,200,000 yuan steel in cash and 800,000 yuan worth of iron ore, iron and steel Kim received the implementation of this paragraph.
"I regret and surprise, when I sent all the implementation of paragraph Kim Tae-steel, the company has Guohechaiqiao, looking for all sorts of excuses to refuse to pay agency fees." In desperation, Luo Ke Kim Tae-iron to court, Require payment of 1,270,000 yuan agency fees.
Live trial agency fees have not signed the agreement
The memories of the time-consuming and labor-intensive case, Ke Luo said: "I and Kim Tae-steel head of the special relationship, and I also served as their legal counsel.'s Head, I find that they are not a court order Money is to export gas as long as the lawsuit to win, according to claims to achieve 20% of the fees paid to my agent. "Out of trust, Luo Ke no agency fees so that the issue of Kim Tae-made steel receipt in writing so that Luo Ke Can not think of is that after their discussion to the effect that the agents planted hidden fees.
Yesterday the trial, the Romanian trip Ke as a result of the field did not appear, but requested another lawyer on his behalf with each other, "try to destabilize him." Ke Luo's lawyer said Luo Ke for the accused to court, hundreds of shuttling between the Yuxi, Kunming, Beijing, has invested a lot of human, material and financial resources. Because of his hard work, so that eventually the evidence itself is extremely detrimental to Kim Tae-steel back 420 million yuan in cash and 800,000 yuan of iron ore. The other did not expect the money after the default, refuse to pay counsel fees.
"Although Acting on the two charges have not signed a formal contract, but in litigation fees to which it is only right and proper. There is no free lunch, the accused can not enjoy the right to not only meet their obligations." Ke Luo's lawyer said the charges in accordance with the Law Rules and legal requirements of the charges, they asked Kim Tae-steel pay agency fees are reasonable.
The defendant argued that the legal adviser should not be paid
Kim Tae-steel Ke Luo received the complaint, not only do not admit to pay legal fees, but filed counterclaims. Kim Tae-Steel said: "Ke Luo lawyer there, Moreover, Luo Ke our company's legal adviser, he's a lawsuit on behalf of, how will this money? In addition, Luo Ke lawyers played down the results from We expect that the gap between the goals, not only should not pay agent fees, let the anti-Ke Luo compensation for the loss of our 280,000. "
"At that time, the beginning of litigation, our litigation is the subject of 10,000,000, Luo Ke can win this lawsuit, so we have to raise the subject of litigation 40,000,000, in the first instance directly on the Yunnan Provincial Higher People's court. We suspect Luo Ke This is more like collection of agency fees. "Kim Tae-steel agent of the view that because the lawyer Luo Ke, head of the steel so that Kim made the wrong decision-making, the subject of litigation to 40,000,000. After the proceedings into the case, not as Ke Luo said the odds in the chest, Shenggao Yuan in the first instance ruling on the contrary, they are only more than 200 million. Helpless lawsuit also hit the Supreme People's Court, the final mediation only cash compensation 4,200,000, from 40,000,000 a far cry from the subject of litigation.
"As the lawyers judge Ke Luo, let us suffer, to spend more than hundreds of thousands of legal costs, the preservation of the fees, travel costs and implementation, for which he should bear responsibility for their own fault." In addition, the agents also believe that, 2005 To the beginning of the year in 2007, Ke Luo has been the company's legal counsel, other legal fees must be agreed in writing.
Unable to reach a conciliation agreement, the judge announced the verdict the case another day.
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