1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 2005, the Defendant directly performed the lawsuit of the case where C sought the return of KRW 1,511,613,100 against the Defendant (Seoul Central District Court 2005Gahap36972, hereinafter “instant first instance judgment”), and around April 2007, the Defendant paid KRW 11 million to the Plaintiff, a member attorney of D, who is a law firm, and delegated the performance of the instant first instance judgment against C on August 16, 2007.

B. On November 2007, the appellate court (Seoul High Court 2007Na91277, hereinafter "the second instance court of this case") filed an appeal by C against the judgment of the first instance court of this case. The defendant paid KRW 9.9 million to the plaintiff and delegated the performance of the second instance lawsuit of this case to the plaintiff. On July 2008, the plaintiff withdrawn from the law firm and opened an individual attorney-at-law office to continue the second instance lawsuit of this case. On November 14, 2008, the judgment of the second instance court of this case was pronounced.

C. On December 15, 2008, the Defendant and C filed an appeal against the instant judgment of the second instance, respectively, and the final appeal (Supreme Court Decision 2009Da9676, hereinafter referred to as the “instant third instance,” and the instant judgment and the second instance were in progress. On December 15, 2008, the Defendant sought as the Plaintiff’s office, and entered into a contract with the Plaintiff to delegate the performance of the instant lawsuit to the Plaintiff, and paid KRW 90,000 to the Plaintiff. The agreement as indicated in the attached Form (hereinafter referred to as the “instant agreement”) was prepared between the Plaintiff and the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff and the Defendant concluded a delegation contract on the instant lawsuit in the first instance trial, and demanded 10% of the winning amount in addition to the retainer, but the Defendant made a correction to that 8% and received it by the Plaintiff, the Defendant shall be 8% of the winning amount to the Plaintiff.