When delegating a litigation case to an attorney-at-law, the amount of remuneration and the amount of remuneration if no agreement is made;

If there is no clear agreement with regard to the amount of attorney's fees delegated in the course of litigation, the amount of attorney's fees should be determined by comprehensively taking into account the circumstances in which the attorney's fees are objectively justified, namely, the difficulty in the litigation, the period from the beginning of the case to the end of the case, the length of the period from the day of the acceptance to the end of the case, the degree of both tangible and intangible efforts, the profits of direct and indirect from the lawsuit, and all other circumstances existing between the delegating party, and

Articles 680 and 686 of the Civil Act

Plaintiff

Defendant 1 and four others

Gwangju District Court of the first instance (64A70)

The original judgment shall be modified as follows:

The Defendants shall pay to the Plaintiff the amount of KRW 1,900,000 and the amount at the rate of five percent per annum from February 8, 64 to the date of full payment.

The plaintiff's remaining claims are dismissed.

The Defendants’ appeal is dismissed.

All the costs of lawsuit shall be divided into three parts, and two parts shall be borne by the Defendants, and the remainder shall be borne by the Plaintiffs.

A provisional execution may be effected only for the judgment under paragraph (2).

(In the trial, expansion of claim)

The Defendants shall jointly and severally pay to the Plaintiff the amount of KRW 5,380,425 as well as the amount at the rate of five percent per annum from February 8, 1964 to the date of full payment.

Litigation costs shall be borne by the defendant, etc.

The plaintiff has revoked the part against the plaintiff in the original judgment.

The defendant et al. shall jointly and severally pay to the plaintiff 3,586,950 won with an amount of 5% interest per annum from February 8, 1964 to the date of full payment.

All the costs of lawsuit shall be borne by the defendant, etc. in the first and second instances.

The defendant et al. attorney shall revoke the part against the defendant et al. among the original judgment.

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

The annexed forest land is jointly owned by the defendant et al., and the non-party 1 filed a lawsuit for ownership transfer registration against the defendant et al. around February 1962 against the Gwangju District Court 62A831, and at the time the plaintiff et al. was delegated by the non-party 2, the plaintiff et al., who was the attorney-at-law by the delegation of the non-party 2, was dismissed in the first instance court, and the plaintiff's claim was dismissed in the first instance court, and the case was appealed by the non-party 1 and the non-party 1 did not appeal again after the plaintiff filed the lawsuit as the attorney of the defendant et al. with the power of attorney of the defendant et al. to the non-party 2, who was delegated by the non-party 1 to the court of the second instance for the cancellation of the above disposition of the non-party 1's right of attorney for the defendant et al., who did not have any dispute over the above case's payment of the plaintiff's fees to the plaintiff.

Therefore, the defendant et al., who delegated the settlement of the case to the plaintiff as an attorney-at-law without clear agreement on the fees and amount thereof, shall pay a reasonable amount of remuneration to the plaintiff, unless there are special circumstances to the effect that it shall be free fees, and it shall be customary as well. Furthermore, when the plaintiff delegates the lawsuit at issue to the plaintiff as a legal representative of the defendant et al., the plaintiff shall not be the same as 25% of the forest land which is the subject matter of the lawsuit at issue, or as 20% of the amount of money equivalent thereto, when the plaintiff delegates the lawsuit at issue to the plaintiff, the plaintiff shall be believed to be the same. However, the plaintiff shall not be paid with 0% of the interest rate since the commencement of the lawsuit and the amount of remuneration of the attorney-at-law who was enforced with the authorization of the authorities after the completion of the lawsuit at issue, according to the minimum standard of the civil case set forth in the Rules of the Attorney-at-law Association, the plaintiff shall be deemed to have the duty of attorney-at-law's fee at the time of this case to the plaintiff.

Even according to the plaintiff's assertion that there is no clear agreement on the amount of remuneration for the defendant et al., the non-party 2, who is the legal representative of the defendant et al., as otherwise alleged in the defendant et al., refers to the amount deemed to be fair and reasonable in this case unless there are special circumstances that the plaintiff is satisfied. Thus, this defense by the defendant et al. is groundless. In determining the amount of remuneration for the defendant et al., the situation in which the plaintiff was entrusted by the defendant et al. to the defendant et al. shall be considered to be that of indirect profit accrued between the defendant et al. and the defendant et al., and the fact that the plaintiff et al., the defendant et al., the defendant et al., submitted an application for the change of the amount of remuneration for the plaintiff et al., to the plaintiff et al., and the defendant et al., the defendant et al., the defendant et al., the 2's non-party 1 and the defendant's non-party 2's legal representative.

It is so decided as per Disposition with the above reasons.

Judges Kim Yong-dae (Presiding Judge)