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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The reasoning of the judgment of the court of first instance concerning this case is that “A. The defendant is a party or is related to the defendant between the plaintiff on July 1, 2014 and the plaintiff on July 1, 2014.” In the same case, "the defendant" was modified to "the process to the plaintiff" and "the plaintiff is also the same as the part of the reasoning of the judgment of the court of first instance, except for addition of the judgment below as to the argument that the plaintiff emphasizes in the trial of the court of first instance, and thus, it is acceptable as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The plaintiff's assertion is merely a person who has knowledge of law or has no career in legal affairs, and merely paid attorney fees to the defendant at the defendant's request from 2007 to 2012 and offered convenience in the performance of the lawsuit by the defendant. Thus, the contract of this case or the plaintiff's act of paying attorney fees to the defendant instead of the defendant does not constitute a violation of Article 109 subparagraph 1 of the Attorney-at-Law Act or a legal act contrary to social order. Even if the agreement of this case is null and void, since the plaintiff's act of paying attorney fees on behalf of the defendant cannot be deemed illegal, the defendant made unjust enrichment equivalent to the above appointment fees, and therefore, the plaintiff can seek return of unjust enrichment against the defendant.
B. In light of the purport of Article 109 subparagraph 1 of the Attorney-at-Law Act that prohibits a person, other than an attorney-at-law, from participating in the handling of legal affairs, the term "agent" under the above provision of the Act is a process of dealing with legal affairs on behalf of the principal with respect to legal cases on behalf of the principal, and requires the use of legal knowledge in the name of his/her agent with his/her authority.