성공보수 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 13, 2015, the Defendant was detained in the Innju prison on April 14, 2015, and was prosecuted on April 14, 2015 by the Suwon District Court Branch Branch Decision 2015 Gohap29 on April 14, 2015.
B. On April 2015, the Defendant’s wife appointed the Plaintiff as the Defendant’s defense counsel in relation to the above criminal case, and around April 22, 2015, the Plaintiff paid KRW 30 million as the retainer.
On April 17, 2015, the Plaintiff submitted a report on the appointment of counsel for the above criminal case to the branch court of Suwon District Court.
C. The Plaintiff, as the Defendant’s legal representative on July 16, 2015, filed an application for release on bail with the court of Suwon District Court Branch No. 2015 Seocho32, on July 29, 2015, and received a ruling of permission for release on bail from the above court on July 29, 2015. The Defendant was released around that time.
On October 12, 2015, the defendant was found not guilty of the above criminal case from the branch court of Suwon District Court, and the prosecutor appealed against the above judgment as Seoul High Court 2015No2965.
In the above appellate trial, the defendant appointed another defense counsel who is not the plaintiff, and was sentenced to the Seoul High Court's dismissal on May 26, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Gap evidence 6-1, 2, Gap evidence 9, Eul evidence 1 and 2, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. On April 2015, the Plaintiff asserted that the Plaintiff entered into a litigation delegation agreement with the Defendant to receive the contingent fee of KRW 30 million ( separate value-added tax), and KRW 50 million ( separate value-added tax), where the Defendant and the Defendant were acquitted.
Since the court of first instance rendered a judgment of innocence against the defendant in the above criminal case, the defendant is entitled to 30 million won of value-added tax, 50 million won of success fees, and 58 million won of value-added tax, except for the retainers already paid to the plaintiff under the above contract.