2. The parties' assertion

A. Defendant B, an attorney at the appellate court of the case prior to the Plaintiff, who entered into a delegation contract with the Plaintiff at the appellate court of the case prior to the Plaintiff, did not submit a written statement of grounds of appeal, etc. for seven months, and did not appear properly on the date of pleading, and the evidence delivered by the Plaintiff was not submitted to the court, and the Plaintiff’s appeal was eventually dismissed. If Defendant B submitted the grounds for appeal and the evidence alleged by the Plaintiff to the appellate court of the prior case, the judgment of the first instance was revoked in the appellate court, and the Plaintiff’s claim for counterclaim was accepted to approximately KRW 70,000,000, and the counterclaim was dismissed.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 70,00,000,000, the principal and interest of the counterclaim claim 6,600,276, and consolation money for mental distress of the Plaintiff as cited in the first instance court of the previous case, and the amount of KRW 50,00,000,000, and delay damages.

B. The Defendants did not have the possibility of winning the Plaintiff even if the Defendants submitted the grounds for appeal and evidence alleged by the Plaintiff at the appellate court of the preceding case.

In addition, the Defendants agreed to complete all of the issues on the condition that they return the fees to the Plaintiff and the Supreme Court of Appeals free of charge after they lost the appeal of the preceding case. Accordingly, the Defendants fulfilled all the above conditions, thereby extinguishing all the Defendants’ damages liability.

3. Determination

A. This court’s occurrence of liability for damages is the same as the corresponding part of the judgment of the court of first instance (from No. 4 to No. 8 to No. 6). Thus, Article 420 of the Civil Procedure Act is applicable.