(영문) 대구지방법원 2015.10.30 2015나3745 | 리걸엔진

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(영문) 대구지방법원 2015.10.30 2015나3745

착수금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. C around October 24, 2013, around 4:00 a.m. at the entrance of the Hannam School in Seoul, and died on several occasions by the vehicles driven by the winners of name cards who were on board and returning to the Republic of Korea, and died.

(hereinafter “instant accident.” On April 15, 2014, the mother of C, concluded a delegation contract with the Defendant (hereinafter “instant delegation contract”) with respect to the claim for damages against the drivers of sea-going vehicles and the handling of a case under investigation, etc. related to the instant accident, and paid the Defendant the retainer amount of KRW 50,000 (including value-added tax).

B. However, on May 12, 2014, the Plaintiff visited the Defendant’s office to claim that the Defendant did not perform the delegated affairs under the instant delegation contract, and notified the Defendant that the said delegation contract was terminated. On May 14, 2014, the Plaintiff sent to the Defendant a certificate of content that “the Plaintiff would return the retainers paid by the Plaintiff, as the instant delegation contract was terminated.”

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. The delegation contract for determination as to the cause of the claim may be terminated at any time by each party (Article 689(1) of the Civil Act), and the fact that the Plaintiff notified the Defendant of the termination of the delegation contract of this case on May 12, 2014 is as seen earlier, and thus, the delegation contract of this case was lawfully terminated.

In addition, the retainers or retainers fees paid by an attorney upon delegation of a litigation case shall be deemed to be the amount of money in the nature that is paid as an advance payment of part of the remuneration, in addition to the cost of handling delegated affairs (see Supreme Court Decision 82Da125, 82Meu284, Sept. 14, 1982). Thus, as the instant delegation contract terminates, the Defendant is liable to return the retainers paid by the Plaintiff to the Plaintiff, barring any special circumstance.

3. Judgment on the defendant's assertion

A. The defendant shall raise an objection.

참조조문

-민법 제689조 제1항

참조판례

-대법원 1982. 9. 14. 선고 82다125,82다카284 판결

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