Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

1. Basic facts

A. On May 29, 2018, the Plaintiff entered into a contract with the Defendant, an attorney-at-law, to delegate the agent for the application for provisional seizure of real estate (hereinafter “application case”) against C to the Defendant at KRW 1,100,000 (hereinafter “instant delegation contract”) and a contract to delegate the agent for the case of claiming restitution of unjust enrichment (hereinafter “litigation”) to the Defendant at KRW 5,500,000 in advance (hereinafter “instant delegation contract”). Article 2 of the instant delegation contract states that “the commencement of delegated duties shall be paid KRW 5,50,000 as the retainer of delegated duties” (Article 2 of the instant delegation contract). However, even if the cancellation of delegation or other causes have occurred, the commencement shall not be requested for the return.”

B. On June 27, 2018, the Defendant filed an application for provisional seizure of real estate with Seoul Northern District Court 2018Kadan21742 on behalf of the Plaintiff, and filed a lawsuit claiming restitution of unjust enrichment with the Seoul Northern District Court 2018Kahap24107.

C. On July 6, 2018, there was a decision of provisional seizure as applied for, and at the request of the plaintiff in a litigation case, the defendant submitted a resignation document to the court of the lawsuit on September 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4, Eul evidence 1 and 3 through 6, the purport of the whole pleadings

2. The Plaintiff’s underlying trust in each of the instant delegation contracts was destroyed for the following reasons. Since the Plaintiff terminated each of the instant delegation contracts to the Defendant before September 28, 2018, the Defendant should pay KRW 3,300,000, which is the half of the total retainer amount.

When the defendant submits the application case and the documents of the case, etc., he/she shall, by oral or written confirmation to the plaintiff, submit the revised summary of the case or the revised details, but he/she did not contact the plaintiff.

B. Regarding the filing case, the claim amount of the filing case shall be KRW 430,000,00.