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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 4, 2015, C, a parent of the Defendant, delegated the Plaintiff with a lawsuit claiming cancellation of the registration of the establishment of a neighboring mortgage, and drafted an agreement on the said lawsuit (hereinafter “instant delegation agreement”).
The phrase “the client” of the above agreement includes the name of the defendant, “the name of the mandator,” “the name of the mandator,” and “the name of the mandator,” and “in connection with the amount of contingent fees,” the criminal attorney’s fee shall be paid in one time in connection with the criminal attorney’s case, and the criminal attorney’s fee shall not be paid twice with the amount of contingent fees, and in addition to the judgment, conciliation, reconciliation, and agreement, the same (Additional Rule).
B. On May 15, 2015, the Plaintiff filed a lawsuit claiming cancellation of the right to collateral security (hereinafter “instant revocation lawsuit”) against D, etc. as the legal representative of “B”, and on April 27, 2016, a decision of recommending reconciliation, such as the purport of the instant revocation lawsuit, became final and conclusive.
[Reasons for Recognition] Class A 2, 5, and 6 Evidence (including paper numbers), the purport of the whole pleading
2. Determination as to the cause of action
A. On the grounds delineated below, the Plaintiff asserts that the Defendant is obligated to pay to the Plaintiff contingent fees of KRW 55 million (including additional taxes) and damages for delay calculated at the rate of 20% per annum as stipulated in the instant delegation agreement from April 27, 2016 to the date of full payment, for which the decision of recommending reconciliation became final and conclusive, pursuant to the instant delegation agreement.
1) The delegation agreement of this case by an authorized representative was concluded by C on behalf of the defendant, and the decision of recommending reconciliation with the same content as that of the purport of the claim was finalized in the cancellation lawsuit of this case. (ii) Even if there was no power of representation against C, the delegation agreement of this case by an authorized representative is established since there was no circumstance to suspect that the
3 Even if the ratification C's act constitutes an unauthorized representation, it shall be limited to the unauthorized Representation.