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(영문) 서울중앙지방법원 2015.11.27 2014나52093
수임료반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On August 2012, the Plaintiff entered into a litigation delegation agreement with the Defendant to resolve disputes with the construction company arising in connection with the new construction of a building, and paid KRW 10.5 million in total, including the retainer fee of KRW 5.5 million and other expenses.

B. Accordingly, on September 12, 2012, the Defendant filed a lawsuit seeking damages against the construction company, etc. by Seoul Central District Court 2012Gahap529777

(hereinafter referred to as “instant lawsuit”). C.

Since then, the instant lawsuit was concluded on September 10, 2013 when the date of the fourth pleading on July 19, 2013, and became final and conclusive as of October 1, 2013 after the Defendant submitted the letter of withdrawal on September 10, 2013 and the Plaintiff submitted the letter of withdrawal on September 11, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5, Gap evidence 10 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that (1) although the defendant should endeavor to protect the interest and rights that the plaintiff can expect in good faith after the conclusion of the delegation contract of this case, the plaintiff asserts that (1) the defendant is obliged to return the fees to the plaintiff as restitution for the termination of the contract of this case, since he did not properly perform the administrative affairs delegated to the plaintiff such as the plaintiff's failure to meet with the attorney-at-law, (2) refusal of interview and consultation with the attorney-at-law, (3) refusal to answer and avoid the progress of the lawsuit, (4) loss of the records of litigation, and (2) absence of the date of pleading

(2) As to this, the Defendant faithfully performed the delegated affairs of this case in accordance with the purport of the instant delegation contract. The Defendant asserted to the effect that the Plaintiff’s claim to refund the full amount of the fees after voluntarily withdrawn the lawsuit.

B. (1) The delegation contract under the Civil Act is based on the special personal trust relationship between the parties, whether it is a compensatory contract or a free contract.

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