보관금 반환
1. All claims filed by the plaintiff (appointed party) and the remaining designated parties are dismissed.
2. The costs of lawsuit shall be.
1. Basic facts
A. E remitted 80 million won to the Defendant on June 20, 2007.
B. On August 24, 2015, E died on August 24, 2015, and the wife of the Plaintiff (3/7 shares in inheritance) and the designated parties C and D (2/7 shares in inheritance) inherited their property.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7 (including a provisional number), the purport of the whole pleadings
2. Plaintiff’s assertion and judgment
A. On May 9, 2006, the Plaintiff’s assertion F filed a lawsuit against E, G, and H (Seoul District Court Decision 2006Da6869, Seosan Branch Office 2006Da6869, hereinafter “instant case”) and the Plaintiff Company I (hereinafter “Nonindicted Company”) participated as an independent party in the instant case. The Defendant was the F’s legal representative in the instant case.
During the process of the 1-related case, the agreement was reached between F, E, and Non-Party Company, and E was paid 51 million won by the Non-Party Company around June 20, 2007.
However, around March 4, 2005, E prepared a written agreement to distribute its shapes (F, J, G, and H) and land. The Defendant, upon being aware of such fact, proposed that “The Defendant would, according to the written agreement, allow E to divide the amount agreed upon to other shapes, and not pay it to other siblings.”
E, around June 20, 2007, the defendant kept 80 million won as the contingent fee for the future case to be accepted for E.
J, G, and H filed a lawsuit against E on March 3, 2009 seeking the payment of the agreed amount under the above agreement (Seoul District Court Decision 2009Gahap609, hereinafter “Seoul District Court Decision 2009Gahap609”). In the case related to the second case, the Defendant filed the lawsuit as E’s legal representative, but actually received the judgment of E’s whole failure, and the above judgment became final and conclusive on November 3, 2009 as the withdrawal of appeal.
Therefore, E has lost its entirety in the second related cases, and the success fee is paid between E and the defendant.