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1.The judgment of the first instance, including the claims modified by this Court, shall be modified as follows:
Defendant.
Reasons
1. The following facts may be found either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 8:
The defendant law firm is a juristic person established for the purpose of performing duties of attorney-at-law; the defendant B was registered as a partner attorney-at-law in the corporate register of the defendant law firm from July 21, 2014 to June 3, 2015; the defendant C was registered as a member attorney-at-law from the defendant law firm to the defendant law firm from January 7, 2014 to July 21, 2014; and the defendant C was registered as a member attorney-at-law from the defendant law firm to the defendant law firm as a member-at-law.
B. On August 26, 2013, D filed a lawsuit against the Plaintiff to seek payment of KRW 87,950,000 for the construction price due to E Corporation as the Daegu District Court Kimcheon-ro 2013Kadan9495, and damages for delay (hereinafter “instant related lawsuit”).
C. F as a creditor against D, F filed an application for provisional attachment of claims with F, debtor D, third obligor D, and claim amount as “an amount until it reaches the amount of KRW 16,706,250 out of the construction price claims under the E Corporation that D had against the Plaintiff,” and F, upon receipt of a decision on provisional attachment of claims from the above court to the effect that the said application was accepted by the above court (hereinafter “decision on provisional attachment related to this case”), and the original copy of the decision on provisional attachment related to this case was served on the third debtor.
On November 21, 2013, the Plaintiff entered into a contract for delegation of a lawsuit (hereinafter “instant delegation contract”) with Defendant B, which includes the following: (a) Defendant B as the Plaintiff’s attorney; (b) designated Defendant B as the Plaintiff’s attorney; (c) performed the instant litigation; and (d) the Plaintiff shall pay KRW 5,500,000 to Defendant B as the retainer fee; and (b) thereafter, Defendant B.