선임요반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The gist of the cause of the Plaintiff’s claim is to file a complaint with the Seoul High Prosecutor’s Office in order to obtain a non-prosecution disposition from the prosecutor who filed the complaint, and the Plaintiff entered into a contract with the Defendant who is a lawyer to delegate the case to the Defendant
Accordingly, the Plaintiff paid the Defendant a total of KRW 2.4 million on October 16, 201, and KRW 2.4 million on October 17, 201, as the appointment fee.
However, at the time of the delegation contract above, the defendant did not notify the plaintiff of the fact that the defendant was scheduled to transfer the attorney's office from Seocho-gu Seoul to Incheon Nam-gu D, and filed an appeal by appointing the defendant, and explained as if the appeal was accepted.
Therefore, the defendant is obligated to pay 2.4 million won to the plaintiff by deceiving and receiving the plaintiff.
Even if the fact of deception was not recognized, since the defendant agreed to return the commission fees to the plaintiff, the defendant is obligated to return the said money to the plaintiff in accordance with the agreement.
2. Determination and conclusion-making, and whether the Defendant, as alleged by the Plaintiff, has agreed to deceiving the Plaintiff or to return the fees to the Plaintiff, is difficult to recognize this by itself, and there is no other evidence supporting the Plaintiff’s assertion.
Therefore, the plaintiff's assertion is without merit.
Therefore, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.