Delegation Agreement
Delegator (hereinafter “Party A”): Customer
Delegated person (hereinafter “Party B”): Law firm Jim-Myong appointed
attorneys Young-Sik Park, Jae-Hyeok Huh and Min-Jeong Kim
Article 1 [Purpose]
Party A delegates to Party B the responsibility to apply for
compensations for damages resulting from delays or cancellations
attributable to the airline (hereinafter referred to as “delegated
affairs”), and Party B accepts this responsibility.
Article 2 [Scope of Authorization]
* Qualifications and powers granted to Party B
- Apply for compensations for damages resulting from delays and
cancellations attributable to airlines, and proceed with the necessary
procedure
- Application for mediation with the Korea Consumer Protection Agency
and proceeding with the procedure
- Any litigation such as filing a lawsuit in the first trial and
proceeding with the procedure
- Complaints and Responses
- Judicial and Extrajudicial Settlement
- Waiver and Acknowledgment of Claim
- Voluntarily dismiss a cause of action before or during trial
- Appointment of sub-agent
- All communications and negotiations with airlines
- Receiving compensation etc., from airlines
- Request and receipt of deposit and interest
- Application for maximum exercise of security right, application for
cancellation of security, consent to the application, receipt of a copy
of the decision to cancel security, waiver of the right to appeal
against the cancellation decision
- Application for confirmation of litigation costs and receipt of
litigation costs
Article 3 [Limitation of Delegation]
The limits of the duties delegated by Party A to Party B are limited to
the first instance in the case of a lawsuit.
Article 4 [Obligation of Party B]
Party B, acting as a legal representative, manages the delegated affairs
with the diligence of a prudent manager, in accordance with the terms of
the delegation and the rights and obligations stipulated by laws and
regulations.
Article 5 [Providing data, etc.]
Party A shall, without delay, respond to the requested data or inquired
matters as it is deemed necessary for Party B to handle the delegated
affairs.
Article 6 [Remuneration]
① In all cases where Party A receives compensation from the airline after
Party B starts the entrusted work and puts considerable effort
(regardless of the specific form of the airline’s voluntary payment,
arbitration, mediation, reconciliation, judgment, etc.), 25% of the
compensation (excluding VAT) is paid to Party B as remuneration.
However, in the case of a civil lawsuit, the remuneration payment can be
discussed separately, and if there is no separate agreement, it shall be
25% (excluding VAT).
② In the case of the termination of this delegation contract due to the
judgment of the first trial in a civil litigation, regardless of whether
both parties appeal or whether compensation is received, the
remuneration payment ratio (25% or The amount multiplied by a separate
agreement ratio) (excluding VAT) is paid as remuneration.
Article 7 [Payment of Expenses]
Party A shall bear actual expenses (such as stamp fee, service fee,
appraisal fee, advance payment, deposit, etc., travel expenses, and
other necessary actual expenses) required for Party B to perform the
entrusted affairs.
Article 8 [Receiving compensation, remuneration and settlement of
expenses]
① Party A shall not directly receive compensation from the airline
without prior consultation with Party B.
② If Party B receives compensation in accordance with Paragraph ①, the
remaining amount after deducting the remuneration under Article 6 and
expenses under Article 7 from the compensation received shall be
deposited into the account notified by Party A.
③ Notwithstanding Paragraph ①, if Party A receives compensation directly
from the airline, Party A shall immediately pay the remuneration under
Article 6 and expenses under Article 7 to Party B. In case of delay in
payment, an interest of 15% per annum shall be added to the payment.
Article 9 [Termination of Contract]
① Party B may terminate this Contract and resign at any time in the
following cases.
1. In case Party B determines that there is no
real benefit in proceeding with the procedure after reviewing the case
(If it is judged that party A does not meet the requirements for
receiving compensation, etc.).
2. In case Party A breaks the trust relationship
by contacting the airline directly or receiving compensation directly
from the airline without prior consultation with Party B.
3. When Party A does not fulfill the obligations
stipulated in this contract or the facts stated in the delegated affairs
are false (even if it's not intentional).
② In the event that Party A unilaterally terminates the delegation
contract without a justifiable reason after Party B commences the
delegation work and puts considerable effort, and if Party B terminates
the delegation contract in accordance with Paragraph ① 2, 3 above, Party
A shall pay the remuneration under Article 6 and the expenses under
Article 7 to Party B.
Article 10 [Notice]
Party B shall notify Party A of the processing status of the entrusted
affairs and the results thereof, and when the delegation is terminated,
the Party B shall notify Party A without delay of the results.
Article 11 [Storage of Data]
For Party B to handle the delegated affairs, the data provided by Party A
may be disposed of within 3 months after the end of the delegated
affairs.
Article 12 [engrave a seal]
If necessary for the performance of the delegated affairs (sealing
various powers of attorney, etc.), Party B can engrave the seal of Party
A and use it.
Article 13 [Confidentiality]
① Party B shall keep all confidential information of Party A acquired
during business and shall not disclose it to a third party without the
consent of Party A except in cases where it is necessary for business
performance or legally required to do so.
② Notwithstanding Paragraph ① above, Party B may post damage and
compensation cases on party B's website (www.lawair.co.kr) to the extent
that Party A's personal information does not appear.
Article 14 [Relationship with Civil Law]
Except as otherwise provided for in this contract, the provisions of the
Korean Civil Act on delegation shall apply.
Article 15 [Applicable Law]
This delegation Agreement is a translation of the Korean version. In the
event of any conflicting interpretation of the Korean and the English
texts, the Korean version will take precedence.