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 September 26, 2019, the Plaintiff and the Defendant, an attorney-at-law, who run the wholesale and retail business of petling and peting items with the trade name of “C”, entered into a delegation agreement with respect to the tax investigation of Mad P.M. M. Mad P. M. (C) and agreed as follows:

(A) “A” and “B” refer to the Defendant, and hereinafter “instant delegation agreement”). The Plaintiff paid the Defendant the retainer amount of KRW 5.5 million at 7 p.m. on the same day and at 7 p.m. on the same day.

B. On September 28, 2019, the Plaintiff sent text messages to the Defendant that the delegation contract is terminated on Saturdays 12:31.

【Ground of recognition】 Evidence Nos. 1 through 3, No. 1, and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff terminated the instant delegation contract without the Plaintiff’s commencement of delegated duties related to the tax investigation, the Defendant should return the retainer amount of KRW 5 million to the Plaintiff.

B. The defendant is proceeding with the plaintiff.

After preparing the delegation contract of this case, the delegation duty of this case was commenced, and the head of the tax team was recruited as the staff of the defendant's legal office and the documents brought by the plaintiff were examined, and the plaintiff was asked to answer and advise the plaintiff.

After the plaintiff returned to the plaintiff, the plaintiff ordered D to establish a business assistance plan, further designating two attorneys-at-law other than the defendant, and organizing an exclusive team, and reviewed each of the following, and held a meeting on a Saturday, and D is conducting the fact-finding investigation and the review of relevant regulations and legal principles.

Therefore, pursuant to Article 6 (2) of the delegation contract of this case, the plaintiff cannot demand the defendant to return the retainer.

Before the Defendant commenced delegated affairs, the Plaintiff terminated;

Even in accordance with Article 6 (3) of the delegation contract of this case, the defendant is obligated to return only the remainder after deducting a minimum of one million won equivalent to the plaintiff's unilateral termination.

3. Determination A.