성공보수사례금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. In the case of violation of the National Sports Promotion Act (No. 2015Da4279), gambling opened, and Electronic Financial Transactions Act against the Plaintiff, the Defendant foundation was appointed as the Plaintiff’s defense counsel and submitted a counsel appointment system to the court on August 7, 2015, and thereafter, (1) 11:30 on August 11, 2015; (2) 14:0 on August 25, 2015; and (3) 14:30 on September 15, 2015; (4) 13:50 on October 6, 2015; and (5) 13:50 on November 3, 2015; and (6) 13:50 on November 24, 2015; and (3) the court rendered a conviction of the Plaintiff as to each of the instant facts charged during the period of suspension of the execution of the Defendant’s community service work on October 16, 2015.
2. The assertion and judgment
A. At the time of the Plaintiff’s assertion of defense counsel, the Plaintiff paid 5.5 million won to the Defendant corporation as the attorney’s fee and the contingent fee of 25 million won, respectively. In the instant judgment, the Plaintiff was sentenced to an excessive penalty against the Plaintiff, thereby failing to properly implement the original Defendant corporation’s promise. As such, the Defendant corporation is obliged to pay the Plaintiff the contingent fee of 25 million won and damages for delay.
B. Therefore, we examine whether the amount paid by the Plaintiff at the time of the appointment of a defense counsel includes KRW 25 million, and there is no evidence to acknowledge this. Rather, according to the overall purport of each of the statements and arguments in Gap 1 and Eul 2, the Plaintiff at the time of the delegation contract for the appointment of a defense counsel, without paying contingent fees or contingent fees to the defendant corporation, is KRW 30 million. However, the receipt issued in the name of the defendant corporation (A 1) is the defendant.