1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. From around 2008 to April 2013, the Plaintiff served as a secretary in the Defendant (the name of the Plaintiff was “law firm C”, and was changed to “law firm D” on February 23, 2012, and on March 20, 2013, the Plaintiff changed to “law firm B” on March 20, 2013; hereinafter collectively referred to as “Defendant”).

B. At the time of February 2009, the Plaintiff agreed to the effect that “Defendant Representative Attorneys-at-law shall pay 30% of the contingent fees received by the Defendant and Attorneys-at-law, even during his/her service and after his/her retirement, to the Plaintiff for the case (such as apartment defect lawsuits) such as damages that the Plaintiff accepted by the Plaintiff.”

(hereinafter referred to as the “instant agreement”). [Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 3, 5, and Eul evidence No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. As the plaintiff's employee, the plaintiff provided support for the defendant to accept the defects suit and acquired the contingent fees in the civil procedure that the defendant accepted as such, the defendant is obligated to pay the money stated in the purport of the claim, which is 30% of the contingent fees, and damages for delay thereof, in accordance with the agreement of this case that stipulates the plaintiff's wages.

B. Defendant (1) is not the Defendant’s employee.

(2) The instant agreement is null and void in violation of Article 34(1)2 and (5) of the Attorney-at-Law Act.

(3) The instant agreement is a condition precedent that the Plaintiff should complete the pertinent lawsuit by working in the Defendant, and the Plaintiff did not fulfill the said condition.

3. Determination

A. We examine whether the agreement in this case constitutes a juristic act with a content contrary to good morals and other social order and thus null and void.

(1) Article 34 (1) of the Attorney-at-Law Act provides that "any person shall receive or promise to receive in advance money, valuables, entertainment or other benefits with respect to the acceptance of legal cases or legal affairs."