Successful Claim for Agreed Legal Fees Following False and Defamatory News Reports
Case Overview
- Client Information
- Individual / Plaintiff
- Case Details
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The defendant (a journalist) faced an urgent legal crisis after being sued by a leading Korean virtual asset exchange for KRW 1 billion (approximately USD equivalent) in civil damages, along with a criminal complaint for defamation and related offenses, on the grounds of alleged false and malicious reporting.
Decent Law Firm undertook both the civil and criminal matters simultaneously and implemented a coordinated litigation strategy to resolve the complex dispute.
As a result, Decent successfully obtained a non-indictment decision (no charges) in the criminal case. Following this outcome, the virtual asset exchange withdrew its civil lawsuit, and the client’s exposure to the KRW 1 billion damages claim was fully eliminated.
However, after the matter had been completely resolved, the defendant refused to pay the agreed success fee. Instead, the defendant published defamatory articles targeting Decent Law Firm and adopted a coercive stance, attempting to avoid payment through malicious reporting.
Decent's Strategy
1. Injunction for Deletion and Prohibition of Defamatory Articles
Decent promptly filed for an injunction seeking removal of the malicious articles and prohibition of further publication of similar content.
The court granted the injunction, ordering deletion of the articles and prohibiting the defendant from publishing similar content in the future.
2. Filing of a Claim for Agreed Legal Fees
Following the successful injunction, Decent filed a civil lawsuit seeking payment of the agreed success fee.
During the proceedings, the defendant argued that the attorneys had performed no meaningful legal work and therefore were not entitled to compensation. Decent systematically rebutted these claims.
Results & Significance
The court fully accepted Decent Law Firm’s arguments.
The court held that:
- The withdrawal of the civil lawsuit was directly attributable to the outcome achieved in the criminal case handled by Decent.
- Decent’s substantial efforts and professional legal work were clearly recognized.
- The agreed legal fee was not excessive and did not violate the principle of good faith.
Accordingly, the court confirmed that Decent’s claim for the agreed success fee was legally justified and entered judgment in favor of the plaintiff.
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