과태료부과처분취소
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.
The court's explanation of this case is consistent with the reasoning of the judgment of the court of first instance, except for the addition of the judgment as to the plaintiff's assertion as set forth in the following paragraph (2). Thus, this is acceptable in accordance with Article 8 (2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.
(1) The Plaintiff’s assertion in the trial while filing an appeal does not differ from the contents of the claim in the first instance trial, and even if all the evidence submitted in the first instance trial were examined, the first instance court’s determination rejecting the Plaintiff’s assertion is justifiable. The Plaintiff’s assertion in the additional judgment only requested the Plaintiff to return the fees and did not state that the Plaintiff would terminate the delegation contract in the instant case.
In addition, B has consistently expressed its intention to maintain the delegation contract of this case until now.
Ultimately, the delegation contract of this case is not terminated and is maintained as it is, and there is no possibility that the plaintiff bears the duty to refund the fees from the beginning to B.
Therefore, the instant disposition that determined that the Plaintiff violated the duty to maintain dignity and the duty of good faith as an attorney by failing to perform the duty to refund the fees to B on different premise is unlawful.
Judgment
Since the delegation contract is based on the special personal trust relationship between both parties, each party to the delegation contract may terminate the delegation contract at any time without any justifiable reason pursuant to Article 689(1) of the Civil Code.
(see Supreme Court Decision 2012Da71411, Dec. 23, 2015). Declaration of intent to terminate a contract is not necessarily explicitly required to the other party, but can be implicitly expressed through any external or objective act that assumes the termination of the contract, or that there is no intent to maintain the existing contractual relationship.
Any declaration of intention made by the other party, such as the termination of a contract, shall be delivered to the other party.