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(영문) 서울동부지방법원 2019.07.05 2019나22274
수임료반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On May 25, 2018, the Plaintiff paid KRW 1,100,00 as the delegation fee for the Seoul High Court D case filed by C to the Defendant.

B. On June 4, 2018, the Plaintiff paid KRW 1,00,000 as the fees for filing a petition for final appeal and appellate brief for the Suwon District Court E case filed by C to the Defendant.

C. On June 4, 2018, the Plaintiff paid 4,400,000 won to the Defendant as a delegation fee for administrative litigation related to the F land in Sungsung City.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. On June 4, 2018, the Plaintiff asserted that he/she requested the Defendant to be the acceptance of the case, and paid 4.4 million won to the Defendant under the name of administrative litigation against the Sungsung City on June 4, 2018, and paid 2.1 million won to the Defendant on two occasions on May 25, 2018 and June 4, 2018 as the submission of a civil petition and a statement of grounds for appeal. However, the Defendant only submitted a written appeal for civil procedure and did not work, and thus, the Plaintiff terminated the delegation contract and demanded the Defendant to return the amount of 6.5 million won paid to the Defendant as the fee.

3. Determination

A. As seen earlier, the Plaintiff paid KRW 1.1 million to the Defendant on May 25, 2018 as the delegation fee of the Seoul High Court (Seoul High Court) filed by C on May 25, 2018. In full view of the entire purport of the pleadings in the statement No. 1 of the evidence No. 1, the Defendant can recognize the fact that the Defendant accepted the foregoing Seoul High Court case and submitted a preparatory document, examined, present at the date of pleading, and present at the pleading, and thus, the delegation contract is terminated on the premise that the Plaintiff did not perform the litigation, and the Plaintiff’s claim seeking the return of the said money is without merit.

B. As seen earlier, the Defendant received KRW 1 million from the Plaintiff due to the filing of a petition of appeal and appellate brief of the Suwon District Court E case, and the filing of the appellate brief. In full view of the purport of the entire pleadings in the items of the evidence Nos. 2 and 4, the Defendant is the Suwon District Court E.

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