부당이득반환청구
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
The reasoning of the judgment of this court, which cited the judgment of the court of first instance, is as follows: “3. The defendant, from the implementation of the above housing redevelopment project to the completion thereof, shall advise the plaintiff on various legal affairs within the defendant’s own business scope for the plaintiff,” and except for the addition of the judgment on the argument that the defendant emphasizes or added in the trial, it is identical to the ground of the judgment of the court of first instance, and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The defendant's assertion of set-off based on the claim for return of unjust enrichment equivalent to the fees of a certified judicial scrivener whose additional judgment is discounted, is set aside by the plaintiff.
Pursuant to paragraph (10), 256,807,620 won at a discount of 10% of the fees for certified judicial scrivener shall be paid as remuneration for the registration affairs.
If the contract of this case is null and void, the agreement on discount under the above provision is also null and void, and thus, the Plaintiff’s unjust enrichment is equivalent to 28,534,183 won at discount from the Defendant (=285,341,803 won prior to discount - 256,807,620 won).
The defendant set off the above claim for return of unjust enrichment against the plaintiff's claim for return of unjust enrichment.
Judgment
Article 6(b) of the instant contract.
The above provision provides that the remuneration for the registration affairs shall be complied with according to the statutory remuneration calculation table approved by the Chief Justice of the Supreme Court, but it shall be the amount at which 10% discount is applied to the fees of a certified judicial scrivener.
Comprehensively taking account of the descriptions of No. 9-1 and the purport of the entire pleadings, it is recognized that the Plaintiff paid KRW 256,807,620 to the Defendant totaling KRW 256,80 from October 28, 2008 to August 17, 2015.
(1) However, Articles 19(3) and 19(1) of the Certified Judicial Scriveners Act shall be paid by the mandators.
(3) Matters concerning standards for fees under paragraph (1) shall be prescribed by the rules of the Korean Certified Judicial Scriveners Association.
2.3.2