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(영문) 인천지방법원 2016.07.19 2016가단9390
선임료반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On October 30, 2015, the Plaintiff’s summary of the Plaintiff’s assertion entered into a contract for the appointment of a counsel for a criminal case against Defendant D (Attempted homicide) at the Incheon District Court Decision 2015Gohap673, and paid an amount of KRW 44 million to Defendant B’s account.

D The contract for the appointment of a defense counsel was rescinded during the process of the instant case, and the law firm name was submitted on December 16, 2015, which was in the process of the instant case, and the Plaintiff was returned to Defendant B KRW 20 million among them.

However, there is little fact that the prestigious questions in the above case did not have any act that is helpful to the substantial defense activities or the resolution of the case, and in light of this, the commission of 24 million won which the Defendants did not return is too excessive.

Therefore, the Plaintiff is claiming for the payment of the commission amount of KRW 24 million and damages for delay, which are paid excessively by the Plaintiff against the Defendants, whose appointment fee was actually paid or whose joint mandatory was indicated in the agreement.

2. We examine the judgment, even if based on the written agreement (Evidence A No. 1) submitted by the Plaintiff, the parties who concluded the agreement with the Plaintiff and the defense counsel appointment contract are not the Defendants but the law firm name, and even if the Plaintiff paid the money to Defendant B’s account, this is merely the method of performing the above appointment contract, and it cannot be deemed that the Defendants were the parties to the appointment contract. Thus, the Plaintiff’s claim of this case is without merit without further review as to the remainder.

3. According to the conclusion, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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