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(영문) 서울중앙지방법원 2018.05.11 2016가합500431
보수금 등 반환
Text

1. The defendant shall pay 100,000,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. Of the costs of lawsuit.

Reasons

1. Facts of recognition;

A. In around 2015, while working as the Director of the Waste Management Office of the Incheon District Office, the Plaintiff was investigated as a suspected violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name.

B. Accordingly, on April 27, 2015, the Plaintiff appointed the Defendant, who had been in charge of advisory duties at the waste business offices of the Incheon District Office, as a defense counsel, to pay the Defendant the contingent fee of KRW 20,000,000 and the amount of KRW 100,000,000 if it is terminated through a disposal without suspicion at the investigation stage.

C. Upon the Defendant’s request, the Plaintiff remitted the total of KRW 200,000,000 to the Defendant-friendly D’s account on April 27, 2015, and KRW 50,000,000 on May 9, 2015, and KRW 200,000,000 on May 24, 2015.

On October 2015, E, which was investigated as a fact of misappropriation related to the selection of a waste disposal company, had been conducted by the Plaintiff, appointed the Defendant as a defense counsel before the review of legality of detention, and paid the Defendant the contingent fee of KRW 100,000,000 when a fine or a fine below is finalized at the stage of disposition or trial due to the absence of suspicion at the stage of investigation.

E. On October 6, 2015, the Plaintiff transferred KRW 50,000,00 to the account in the name of D on behalf of E.

F. At the investigation stage, the Plaintiff was subject to a disposition of suspicion of violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name; however, the Plaintiff and E were indicted as the charges of giving rise to breach of trust or giving rise to breach of trust, and were sentenced to a suspended sentence on June 2, 2016 by the Seoul Central District Court (2015 Gohap102) and the said judgment became final and conclusive on January 6, 2017.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4 (which include a serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination on the claim for the return of retainers, contingent fees, and tuition fees

A. The plaintiff, the cause of the claim, is 20,000,000 won as the advance payment to the defendant and 100.

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