1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. (1) On December 23, 2014, the Plaintiff entered into a delegation contract, and the Defendant, an attorney-at-law, filed a claim for divorce or consolation money with Nonparty C, who is a legal spouse, (in Incheon District Court 2014dhap10561, 2015dhap1025, hereinafter “the first instance case”).

(2) As to the first instance case of August 28, 2015, the Incheon District Court sentenced that “the Plaintiff and C shall be divorced. The Plaintiff shall pay 10,000,000 won as consolation money, 10% of the winning price of the contingent remuneration, or 2,000,000 won as at the time of disposal of real estate.” The Plaintiff appealed to the Defendant on December 26, 2014 in relation to the above delegation contract, respectively.

3) On September 8, 2015, the Plaintiff excluded the second instance case from property division subject to property division by deeming that the said real estate was the special property of C and was the property of C.

(B) On October 25, 2015, the Plaintiff paid KRW 20,000,000 to the Defendant on September 28, 2015, after concluding a delegation agreement with the effect that KRW 5,000,000 is to be paid when 1/2 shares are recognized. (B) On October 25, 2015, the Plaintiff paid KRW 20,000 to the Defendant (hereinafter “instant money”).

2. On March 31, 2016, the Defendant returned to the Plaintiff the remainder of KRW 16,464,50,00, deducting service charges of KRW 35,500, and KRW 3,500 incurred in the second instance case from the instant money.

C. The plaintiff's criminal complaint