부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. On November 1, 2012, the fact that the Plaintiff entered into a contract on the delegation of a lawsuit between the Defendant and the Busan District Court (2012Na7042), and paid the Defendant the fee of KRW 3,300,000 to the Defendant is no dispute between the parties.
2. Determination as to the cause of claim
A. The Plaintiff neglected the duty of care as a mandatory by failing to submit a written reply or a preparatory document, etc., even after six months have elapsed since November 1, 2012, when the Defendant was delegated with the foregoing case, from May 6, 2013, and the Plaintiff rescinded the above contract of delegation of a lawsuit. Thus, the Defendant asserts that the Defendant is obligated to return the above fee of KRW 3.3 million to the Plaintiff.
In full view of the purport of the entire pleadings in each of the statements in subparagraph 2-10, 11, 13, 14, 15, and 16 of the evidence Nos. 2-2, the Defendant appeared on the fifth day of the instant case after being delegated with the authority to submit financial data related to the payment of construction price to the other party attorney of the instant case on December 26, 2012. In the examination of witness, the cross-examination was conducted on March 6, 2013. On April 15, 2013, he/she was present on the sixth day of pleading in the instant case. On April 18, 2013, he/she submitted an on-site inspection application and submitted an on-site inspection application and on-site inspection date on April 18, 2013, and on May 1, 2013, the facts that the Defendant appeared on the seventh day of the instant case cannot be readily concluded that the Defendant neglected the duty of due care as a mandatory.
Therefore, since the above delegation contract cannot be deemed to have been legally rescinded, the plaintiff's above assertion is no longer reasonable.
B. In addition, since the head of the office of the defendant or the defendant's attorney's office promised to return the fees under the above contract for delegation of a lawsuit, the defendant is obligated to return the fees of KRW 3.3 million to the plaintiff, but the above assertion by the plaintiff is alleged.