1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts of recognition;

A. On June 20, 2016, the Plaintiff entered into a contract with the Defendant to delegate the case of fraud complaint against C to the Defendant for a fee of five million won (hereinafter referred to as “instant delegation contract”), and paid to the Defendant KRW 3 million on the same day as the fees for the case of complaint, and KRW 1 million on July 4, 2016, respectively.

B. On September 20, 2016, the Defendant filed a lawsuit claiming the return of provisional payment against D on behalf of the Plaintiff with the Changwon District Court on behalf of the Plaintiff, and the Plaintiff voluntarily withdrawn the lawsuit against D on September 25, 2016.

The defendant did not submit a written complaint to the investigation agency.

C. On May 31, 2017, the Plaintiff filed a complaint against the Defendant for fraud that the Defendant deceivings the Plaintiff and received KRW 4 million in the name of the retainerion of the case. The Plaintiff was rendered a decision of non-prosecution on the charge of suspicion at the Changwon District Prosecutors’ Office.

[Reasons for Recognition] Unsatisfy, Gap's 1, 2, Eul's 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1 of the parties: The Plaintiff did not delegate a delegation contract with the Defendant for a case of fraud complaint, but did not delegate a civil case; even if the delegation contract was concluded with respect to a civil criminal case, the delegation contract terminated on or around August 2016 due to the Defendant’s delay in daily treatment; and until that time, the Defendant did not perform any work for the management of delegated affairs.

Even if the defendant reviewed the record and received the complaint, so long as the plaintiff withdraws the suit, the delegation contract with the defendant is deemed to have been terminated early.

Therefore, the defendant should return the amount of 4 million won received according to the delegation contract.

Furthermore, since the defendant did not handle the delegated affairs and did an act contrary to the social order, such as concluding a delegation contract and receiving the fees, the fees that the plaintiff suffered due to such unlawful act.