부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. On January 8, 2013, the Plaintiff asserted that the Plaintiff filed a lawsuit against the Defendant, a lawyer, by setting the retainer fee as KRW 2.5 million (including value-added tax) against the Plaintiff’s council of occupants’ representatives (Seoul Eastern District Court 2013Daso2578, hereinafter “instant lawsuit”). The Plaintiff deposited KRW 3 million on the day.
However, at the above 3 million won deposited by the Plaintiff, the Defendant did not refund to the Plaintiff KRW 406,770, excluding KRW 70,400, KRW 22830, and KRW 2500,000,000 for the instant lawsuit, and KRW 349,263, which have not been refunded to the Plaintiff, and the Defendant is obliged to pay the Plaintiff the amount of KRW 349,263 and the delay damages.
2. In light of the overall purport of the pleadings as indicated in Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 through 4 (including paper numbers), Eul evidence Nos. 5-6, 13, Eul evidence Nos. 7, Eul evidence Nos. 8-1, and Eul evidence Nos. 2, the plaintiff determined the commencement fee of January 8, 2013 as 2.5 million won (including value added tax), and delegated the lawsuit of this case to the defendant. On the same day, the plaintiff transferred 3 million won to the defendant's account under the defendant's employee's name, but the plaintiff requested the return of the remaining amount to the defendant 30,000 won as 30,000 won, 305,000 won as 30,000 won as 30,000 won as 30,000 won, 305,000 won as -30,000 won as 5,000 won as Seoul.