1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Plaintiff’s assertion

The Plaintiff, who was sentenced to imprisonment for ten months in the Daejeon District Court Decision 2014 High Court Decision 2014 High Court Decision 304Mo304, concluded a delegation contract with the effect that the Defendant, a lawyer affiliated with the law firm C, is appointed as a counsel of the appellate

According to the delegation contract above, the retainer and the contingent fee were 5 million won each.

The Plaintiff was sentenced to the lower judgment’s reversal and a fine of KRW 6 million in cases of indecent act by force, the appellate court, 2015No354, and paid the Defendant the contingent fee of KRW 5 million.

In fact, the plaintiff could be sentenced to a judgment of innocence or suspension of sentence in the appellate court.

Nevertheless, the defendant argued that "the plaintiff is not consistent with the statement," and opposed to the adoption of the complainant as a witness, and made a responsibilities without understanding and conviction of the case.

As such, it has successfully passed the result of giving a good testimony.

Therefore, the defendant should return 5 million won of the contingent fee received from the plaintiff as unjust enrichment.

Judgment

In principle, in a case where there is an agreement with the client on the remuneration for the handling of delegated affairs by an attorney-at-law, barring any special circumstance, an attorney-at-law who has completed the delegated affairs may claim the agreed amount in full, barring any special circumstance. However, in a case where there are special circumstances to deem that the agreed amount of remuneration is unduly excessive and contrary to the principle of good faith or the principle of equity, the attorney-at-law who has completed the delegated affairs may claim only the amount of remuneration within the reasonable scope, which is recognized as exceptional, in consideration of the relationship with the client, the background leading up to the case, the amount of the case, the progress and difficulty of the case, the degree of effort, the value of the subject matter of lawsuit, the specific