2. Determination

A. Since the agreed amount of contingent fees has been adjusted by the reduced contents than the Defendant’s claim in the instant divorce lawsuit between the Defendant and C, this constitutes “part of winning” as stipulated in the terms of the payment of contingent fees in the instant delegation contract.

Furthermore, the economic benefits derived by the Defendant from the divorce lawsuit of this case are equivalent to KRW 1,09,50,000 [the value of the real estate of this case = 2,134,00,000 won] - KRW 289,50,000 (the value of the real estate of this case) - KRW 565,00,000 (the secured obligation of collateral security) - KRW 180,000 (the obligation of returning lease deposit) - the amount of KRW 49.21,000 (cash). The winning ratio is equivalent to KRW 49.21,099,50,000 ± 2,234,00,000 ± 00 won (the economic benefits of this case + 2,134,000,0000 + 10,000,0000 won x 47146,7146,000 [the amount of success in this case] under the contract of this case.

B. In a case where there is an agreement with the client on the remuneration for the delegated affairs of the attorney-at-law for the reduced amount of contingent fees, barring special circumstances, the attorney-at-law who completed the delegated affairs may claim the full amount of the agreed fees, barring special circumstances. However, the exception is given to special circumstances where the agreed fee is deemed to contravene the principle of good faith or the principle of equity in light of the client’s relationship with respect to the attorney-at-law, the circumstances leading up to the acceptance of the case, the amount of the retainer fee, the progress and difficulty of the case, the degree of effort, the value of the subject matter of a lawsuit, the specific benefits the client gained from winning the case, the rules on the fees