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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Determination on the cause of the claim
A. 1) On August 5, 2015, the Plaintiff entered into a delegation contract on the Plaintiff’s criminal complaint case, etc. with D Lawyer introduced by the Defendant, and paid 30,000,000 won to the said attorney. 2) After which, in the instant complaint case, the Plaintiff requested the Defendant to return 30,000,000 won to the Defendant continuously from December 2015, and the Defendant issued a cash custody certificate (No. 1; hereinafter “the cash custody certificate of this case”) stating that “the Defendant received 30,000,000 won in cash from the Plaintiff and kept until September 30, 2016.”
3) After that, according to the cash custody certificate of this case, the Plaintiff demanded that the Defendant pay KRW 300,000,000 per month to the Defendant, who did not pay KRW 30,000,000 per month until September 30, 2016. The Defendant paid the Plaintiff interest of KRW 300,000 per month from October 31, 2016 to the Plaintiff for one year from October 31, 2016.
B. According to the above facts of determination, although the plaintiff did not directly deliver 30,000,000 won of the statement in the cash custody certificate of this case to the defendant, the plaintiff did not appoint an attorney-at-law introduced by the defendant and demanded the return of the attorney-at-law fees to the defendant, and in the sense of promising the return, the defendant prepared the cash custody certificate of this case to the plaintiff, and the defendant paid interest on the above money upon the plaintiff's request. In light of the above facts, the defendant promised to pay 30,000,000 won to the plaintiff as stated in the cash custody certificate of this case.
Therefore, the defendant shall serve the plaintiff the above contract amount of KRW 30,000,000 and a copy of the complaint of this case sought by the plaintiff.