수임료 반환
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. From September 15, 2011, in order to claim damages against C, the Plaintiff delegated the legal representative affairs to the Defendant, a lawyer, in order to claim damages against C.
9. By December 26, 201, the advance payment was made in KRW 3.3 million, and the written contract as of September 26, 201 was made. In this context, without contingent fees, “3.3 million won shall be paid to He from the retainer of delegated affairs: Provided, That the advance payment did not claim for the return of the advance payment even if the termination of delegation or any other cause arises (Article 2).”
B. On October 31, 2011, the Plaintiff submitted a complaint claiming damages against C by this Court Decision 2011Da39327, and the Defendant submitted a letter of delegation of lawsuit on November 3, 201.
C. The Plaintiff, as a criminal suspect, appointed the Defendant as a defense counsel with respect to the case of fraud, etc. 201-type 12077 at the Seoul Central District Prosecutors’ Office, which was investigated, and prepared an agreement as of November 7, 2011, and without contingent fees, paid KRW 3.3 million as the retainer fee of delegated affairs to you. However, the commencement fee was decided not to claim for the return even if there were grounds such as the cancellation of delegation, etc. (Article 1).
On the back of the advance payment of the above agreement, the phrase “additional one million won shall be paid.” This is the money that the Defendant would receive as a means of withdrawal when accompanying the investigation to the investigation agency.
From December 19, 201 to December 26, 201, the Plaintiff paid a total of KRW 4.3 million to the Defendant, and the Defendant submitted a written appointment of counsel to the public prosecutor’s office above the same month.
E. On November 15, 201, the Defendant received recommendation from the full bench in the foregoing civil procedure and filed a request for perusal and duplication of records under the name of the Defendant, and submitted an amendment (Evidence A7, No. 3, the same shall apply) to partially correct the cause of the claim, and an amendment to submit a written lease agreement (Evidence A6) stating the cause of the claim in the document, and the first date for pleading on March 7, 2012.