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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
purport.
Reasons
1. As to this part of the judgment on the Plaintiff’s cause of claim, this court’s reasoning is identical to the reasoning of the judgment of the court of first instance, and thus, citing it by the main text of Article 420
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that the Plaintiff and the designated parties paid KRW 1.1 million out of the retainer 4.4 million won, and the Plaintiff, the delegating party, was in default, and the return of KRW 1.1 million paid out of the retainer 1.1 million, cannot be deemed to have rescinded the delegation contract because there was no consensus. Thus, even though the Defendant completed the draft of the complaint and expressed his/her intent to continue the work under the delegation contract, the Plaintiff’s unilateral rescission of the contract is not obligated to return KRW 1.1 million.
B. Determination 1) The fact that Gap evidence No. 1 paid KRW 4,40,00 as the retainer fee for the contract for the delegation of the case, and the fact that the plaintiff paid KRW 1,100,000 after the delegation agreement between the parties does not conflict. However, even though the plaintiff demanded the plaintiff to submit a complaint at least two times from February 23, 2018 upon the expiration of the extinctive prescription of the case delegated by the plaintiff to the defendant pursuant to multiomom, there is no evidence to deem that the defendant urged the plaintiff to pay the remaining money during the commencement fee, and the records of a conversation recording (in the evidence No. 3, the defendant's attorney as well as the head of the office who introduced the plaintiff as well as the plaintiff also did not confirm the issue about the payment of the retainer fee to the plaintiff. Rather, the plaintiff's first 1,100,000 won upon consultation about the contents of the initial delegation agreement, regardless of the fact that the plaintiff's opinion to pay the remainder after the completion of the complaint, the plaintiff's opinion is acceptable.