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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.
Reasons
1. Basic facts
A. A. Around August 2014, the Plaintiff entered into a delegation contract with the Defendant for the settlement of accounts for the purpose of dividing the shares of E Co., Ltd. (hereinafter “E”) against the Defendant into a contract with the Defendant for the delegation of the settlement of accounts for the purpose of dividing the shares of E Co., Ltd. (hereinafter “E”), and attorneys G, the Defendant’s representative, is the attorney-at-law
B. 1) The Plaintiff, along with C and D, had a conflict in the management of the company from around 1992 to around 20 years, concluded on the division of property between C and E from March 2014. 2) The Plaintiff prepared a letter of commitment to divide E’s property between C and C on June 30, 2014. However, the said letter of commitment was omitted by a considerable number of companies, and the Plaintiff notified C of the revocation by mistake.
3) The Plaintiff and E did not reach a consultation on the division of property between the Plaintiff and E. (4) The Plaintiff consulted the Defendant with respect to the division of property, etc. of the said E around August 2014.
C. On August 2014, the Defendant’s G attorney-at-law consulted with the Plaintiff, and entered into the instant delegation agreement with the Plaintiff, setting the amount equivalent to KRW 10 million in advance, and the amount equivalent to 4% in value of the economic profit accrued in winning the contract. On August 27, 2014, the Defendant filed a lawsuit against C and D for the claim for the payment of HJ settlement amount (hereinafter “instant lawsuit”).
(2) Upon the filing of the instant lawsuit, C and D, the other party to the lawsuit, proposed an agreement to the Plaintiff. From the end of September 2015, the Plaintiff consulted with the other party to the lawsuit on the division of property E.
3. On October 10, 2014, the Plaintiff requested G attorney-at-law to transmit a written agreement and draft on the property ledger, made through consultation with the other party to the lawsuit, to review the law by e-mail, and the attorney-at-law affiliated with the Defendant amended the agreement to the Plaintiff on October 14, 2014.