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.

1. Basic facts

A. On July 17, 2018, the Plaintiff entered into a delegation agreement with the Defendant, a lawyer, with the content that: (a) delegated the handling of the instant case by C and two other persons; and (b) paid KRW 5,500,000 (including value-added tax) for the retainer fee; (c) delegated the handling of the instant case filed by C and two other persons on suspicion of violating the Door-to-Door Sales, etc. Act (hereinafter “instant criminal complaint case”); and (d) signed a delegation agreement with the Seoul Central District Court to pay the retainer fee of KRW 3.5 million (including value-added tax); and (e) paid the contingent fee of KRW 4 million at the time of prosecution.

B. The Plaintiff paid KRW 8 million in total to the Defendant by means of the retainer fee under each of the above delegation agreements, KRW 3.5 million on July 17, 2018, KRW 25 million on July 25, 2018, and credit card settlement, etc.

C. Meanwhile, the Plaintiff requested the Defendant to prepare the appellate brief in the Supreme Court case 2018Da248978, which was lodged by C, and filed the appellate brief with the Supreme Court around August 6, 2018.

At the time when the Plaintiff delegated the settlement of the instant case to the Defendant, Seoul Central District Court 2018Kadan14661, the said case was referred to the conciliation procedure by the Seoul Central District Court 2018ss money52086 (hereinafter “instant civil case”), and the Defendant was present on the conciliation date on July 19, 2018 of the said civil case, and submitted a preparatory document to the competent court on August 23, 2018.

The above civil case was concluded after C withdraws the lawsuit on August 27, 2018.

E. The instant criminal complaint case was sent to the Seoul Northern District Prosecutors’ Office around August 17, 2018, and the Defendant submitted a written opinion on the instant criminal complaint case to an investigation agency around August 23, 2018.

On February 26, 2019, the criminal complaint case was concluded after a decision not to prosecute all the defendant's suspicion was rendered.

With respect to some frauds against Defendant E, the complainant.