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(영문) 의정부지방법원 2020.07.21 2019나2446
부당이득금반환
Text

Of the judgment of the court of first instance, KRW 10,000,000 against the Plaintiff and its related thereto shall be from July 28, 2018 to July 21, 2020.

Reasons

1. The parties' assertion

A. On December 2009, the Plaintiff found the Defendant, an attorney-at-law and invested in the development project of D land owned by the Plaintiff at the time of strike owned by C.

On September 23, 2008, when requesting the filing of a civil lawsuit against the damaged case (hereinafter “instant civil lawsuit”), the court explained to the Defendant that the Plaintiff’s obligee had a collection order against the Plaintiff’s above claim against the Plaintiff C in the Goyang Branch Branch of the Jung-gu District Court, stating that there was a collection order against the Plaintiff’s claim against the Plaintiff C.

The Defendant decided to accept the instant civil litigation case with KRW 20 million, and the Plaintiff transferred KRW 10 million in the name of E on December 7, 2009, and issued additional KRW 10 million around 2010.

However, the defendant did not proceed with the civil litigation of this case until now, and did not refund the appointment fee of KRW 20 million to the plaintiff.

The defendant knew that there was the above seizure and collection order that the civil lawsuit of this case cannot be instituted due to the above seizure and collection order, and in fact, the defendant deceivings the plaintiff even though he did not intend to proceed with the above lawsuit, thereby deceiving the plaintiff, and thus, he shall cancel the appointment contract with the defendant on the ground of the above deception and seek the return of the above KRW 20 million.

There was no deception by the Defendant of the agent.

Even if the defendant did not proceed with the agreed lawsuit and there is no intention to proceed, so the cancellation of the appointment contract shall be notified through the service of a duplicate of the complaint of this case and the return of the above 20 million won shall be claimed as restitution.

B. Defendant’s KRW 10 million deposited in the name of E on December 7, 2009 is paid to F’s attorney’s fee, and there is no connection with the instant civil lawsuit.

At the time, F’s criminal case appointment fee was KRW 20 million, and among them, KRW 10 million was paid by F’s wife G, and the remaining KRW 10 million was paid by the Plaintiff, who requested the said criminal case, to guarantee the payment of appointment fee.

The Defendant’s appointment fee for the instant civil procedure is the fee for the appointment of the Defendant.

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