재심청구변호사비
1. The part against the defendant in the judgment of the first instance shall be revoked, and the plaintiff's claim corresponding to that part shall be dismissed.
2...
1. The plaintiff's assertion
A. The Plaintiff, the chief secretary of the office of the attorney-at-law, heard the fact that the Plaintiff may be exempted from all the titles of the criminal cases in which he/she was found guilty, and receive compensation for damage, and paid a fee of KRW 5 million. After several days, the Plaintiff heard the fact that the case is dismissed, and expressed his/her intention to return the examination fees requested to another place, even if it is dismissed.
B. The defendant returned only KRW 3 million to the plaintiff, and the remainder will be given several days after the plaintiff again, and when the defendant was found not guilty as a criminal petition for retrial, 10% of the compensation should be paid as contingent fees, and when the request for retrial is dismissed, the plaintiff believed that the plaintiff will return all the compensation amount of KRW 2 million. However, the above request for retrial was rejected.
C. In the event that a criminal review case is dismissed, the Plaintiff delegated the above case on the condition of receiving a full refund of the fees and paid the fees of five million won, so the Defendant is obligated to pay the unpaid fees of two million won and the delayed payment damages in accordance with the agreement.
2. Determination
A. (1) On December 14, 201, the Plaintiff entered into a delegation contract with the co-defendant C of the first instance trial on a fee of KRW 5 million in the case of a request for a retrial for a criminal case for which the Plaintiff completed a reinstatement after having been convicted by the Defendant’s introduction as the chief secretary, and agreed to pay 10% of the contingent fee at the time of confirmation of innocence, and refund of KRW 5 million out of the fee at the time of dismissal of the request for a retrial.
(2) On January 4, 2012, upon the Plaintiff’s request, the Defendant promised to refund KRW 3 million out of KRW 5 million when dismissing the petition for reexamination on January 4, 2012. C attorney-at-law, upon the request of the Plaintiff and the Defendant, would give priority to the Plaintiff out of KRW 3 million when accepting the petition for reexamination. < Amended by Act No. 11210, Jan. 10, 2012>