1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On October 8, 2012, the Plaintiff entered into a delegation agreement with the Defendant, an attorney-at-law and the Seoul Western District Court 2012Kahap11457 on the revocation of fraudulent act, and agreed to pay the attorney fees under the Supreme Court Regulations as contingent fees.

B. On June 27, 2013, in the case of revocation of the said fraudulent act, the judgment in favor of C was rendered.

On July 15, 2013, the Plaintiff paid 10,780,000 won to the Defendant, including value-added tax, at the Defendant’s request.

C. The value of the subject matter of the lawsuit in the revocation case of the said fraudulent act is KRW 259,485,012.

C On April 20, 2015, upon filing an application for confirmation of the amount of litigation costs with Seoul Western District Court Decision 2015Kao247, Seoul Western District Court on July 7, 2015, the attorney fees to be included in the litigation costs were determined to determine the amount of litigation costs, which is KRW 7,394,850, which is the amount of litigation costs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. According to the allegations and the above facts of recognition, the Plaintiff and the Defendant paid the amount calculated in accordance with the “Rules on the Inclusion of Litigation Costs” at the time of concluding the delegation contract by proxy, as contingent fees, and the purport thereof is to pay the amount recoverable from the other party as contingent fees through the determination of the amount of litigation costs when winning the future.

Since the value of the subject matter of a lawsuit for the revocation of fraudulent act as above is KRW 259,485,012, the attorney fee to be included in the litigation costs pursuant to the above rule is calculated, the contingent fee to be paid by the plaintiff to the defendant is KRW 7,394,850, such as the determination of the amount of the above litigation costs (=6,800,000 (259,485,012 - 200,000,000), x 1/100, and 8,134,335, including value-added tax.

Nevertheless, the Defendant received 10,780,000 won as contingent fees from the Plaintiff, and thus, the difference is 2,645,665 won (=10,780,000 - 8,134,335).