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1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
Reasons
1. Basic facts
A. From April 22, 2011, the Plaintiff, who had consulted the Defendant with respect to the lawsuit claiming a loan (hereinafter “instant lawsuit”), was entering into a contract with the following content (hereinafter “instant delegation contract”). On May 16, 201, the Plaintiff agreed to delegate the agency work to the Defendant until the court of first instance rendered a judgment of the said lawsuit, and entered into a contract with the Defendant (hereinafter “instant delegation contract”).
On May 17, 2011, the day following the above contract, the Plaintiff remitted KRW 8,800,000 to the Defendant as stipulated in the above contract.
Article 1 (Conferment of Authority) In order to carry out the above agency affairs, the authority stated in the Delegation of Litigation separately prepared shall be awarded to the subordinate (the defendant refers to the defendant; hereinafter the same shall apply).
Article 2 (Advanced Payment) 8,800,000 won (including value-added tax) shall be paid to He/she from the retainer of delegated affairs.
except that the advance shall not be claimed for the cancellation of delegation or any other cause.
Article 3 (Expenses) The stamp fee, delivery fee, expenses for recording copying, expenses for verification and appraisal, expenses for witness travel, travel expenses, travel expenses for business trip, guarantee deposit, execution expenses and other costs of lawsuit necessary for the handling of delegated affairs shall be paid immediately as requested by the person who has returned.
Article 4 (Provision of Materials) Any documents, materials or inquiries deemed necessary for the handling of delegated affairs, which you have requested to submit, or which have been referred to, shall be promptly submitted or inquired in response thereto.
Article 7 (Cancellation of Contract) If the principal fails to perform his obligations provided for in this Agreement for him, or if the principal makes a false statement on the contents of delegated affairs, he shall, even if not intentional, have no objection to the cancellation of this delegation contract and the resignation of his attorney.
Article 10 (Matters under Special Agreement) (2) The stamp and service charge shall be borne separately.
Since then, the defendant confirmed the evidentiary materials of the lawsuit in accordance with the delegation contract of this case.