1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

1. The reasoning of the court of first instance’s explanation concerning this case is as follows, except for the addition of the judgment on the defendant’s argument raised in the trial of the court of first instance to the judgment, and thus, the reasoning of the court’s explanation is as stated in the part of the reasoning of the judgment of first instance.

Article 746 of the Civil Code provides that "The defendant asserts that the amount received in return for handling legal affairs from the plaintiff constitutes illegal consideration under Article 746 of the Attorney-at-Law Act, which constitutes illegal consideration under Article 746 of the Civil Code. However, even though illegal consideration is illegal consideration, the application of the main sentence of Article 746 of the Civil Code is excluded if illegal cause exists only to the defendant who is the beneficiary, and that the illegal cause of the beneficiary is considerably larger than that of the payer, and that the payer's claim for return is not permitted even if the illegality is weak, it is against the fairness and the good faith principle. Therefore, even in such a case, it is reasonable to interpret that the payer's claim for return is allowed because the application of the main sentence of Article 746 of the Civil Code is excluded (see Supreme Court Decision 93Da12947, Dec. 10, 1993). However, since the plaintiff's argument that the delivery of money to the defendant constitutes an illegal consideration under Article 746 of the Civil Code, the defendant's argument.

2. In conclusion, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.