logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.11.24 2017나28305
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On August 11, 2015, the Plaintiff was accused of having committed a crime of assault, fraud, attack, housing intrusion, violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, Etc. from C on September 18, 2015, and additionally filed an additional complaint under suspicion of housing intrusion.

On October 12, 2015, the Plaintiff and the Defendant concluded the instant delegation agreement with the effect that the Plaintiff’s “Law Office B (hereinafter, “Defendant’s Law Office”) in the Defendant’s operation had the following cases performed, paid KRW 10 million with the retainer, and the contingent remuneration was to be determined later according to the agreed amount due to the representation of the complaint (hereinafter “instant agreement”).

On October 13, 2015, the Plaintiff paid KRW 10,000,000 under the instant contract to the Defendant side.

On September 22, 2015, the case in which C filed a complaint with the Plaintiff as above (hereinafter “suspected case”), including the case name name and non-fashion, and the case in which C filed a complaint against the Plaintiff (hereinafter “the case in which the Plaintiff filed a complaint”) for attempted rape, C filed an application for provisional injunction against the Plaintiff with the Seoul Northern District Court for temporary injunction against access (hereinafter “provisional injunction”), and the Defendant and D attorneys belonging to the Defendant and the Defendant’s law office filed a petition with the Seoul Northern District Court on September 22, 2015.

On January 22, 2016, the above court rendered a ruling of recommending reconciliation to the effect that “the plaintiff shall not access and contact to C, and shall pay C KRW 300,000 per time of the violation if the violation is committed.” The above ruling was finalized on February 12, 2016.

The plaintiff did not pay the attorney fees separately to the defendant regarding the provisional disposition case.

D Attorney-at-law submitted a letter of appointment of counsel to the former District Prosecutors' Office on February 5, 2015, and a written opinion of counsel.

arrow