1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On September 20, 2016, the Plaintiff delegated the Plaintiff’s criminal defense affairs against South and North East C to the Defendant (hereinafter “instant delegation contract”) and paid KRW 5 million with the starting fee and KRW 3,300,000,000 as an interpreter.

B. C was indicted for violating the Act on the Punishment, etc. of Sexual Crimes on September 29, 2016, and was tried by Seoul Eastern District Court 2016Gohap282.

C. However, on October 27, 2016, the Defendant did not appear on the first day of the trial, and the Plaintiff notified on November 7, 2016 that he would terminate the instant litigation delegation contract. On November 8, 2016, the Defendant submitted a defense counsel resignation to the effect that he/she would resign from the legal affairs regarding C in the instant case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s failure to appear on the first day of the instant case, etc., processed the delegated affairs in an unfaithful manner, and terminated the instant delegation contract.

Therefore, the defendant is obligated to return 5.3 million won, such as retainers, to the plaintiff and pay damages for delay.

B. The Defendant invested a large number of hours after the conclusion of the instant delegation contract, and examined the case requested by the Plaintiff, and then met C several times, met with C’s family members, provided an wire call with C, and submitted an attorney’s written opinion, etc., making considerable efforts in the instant case.

The plaintiff was dismissed and resigned from the above case solely on the ground that the defendant was absent on the date of the first trial.

Since the termination on the ground of simple change under Article 7 of the contract at the time of the delegation contract of this case does not return the retainer, the defendant does not have any obligation to respond to the plaintiff's claim of this case.

3. Determination

A. In relation to the delegation of the relevant legal doctrine, a mandatory is required during the process of delegated affairs.