1. The Defendant’s KRW 42,90,899 and KRW 39,082,636 among the Plaintiff’s KRW 42,09 and the Plaintiff’s annual interest from September 12, 2013 to July 15, 2015.

1. Basic facts

A. On December 10, 2010, the Defendant agreed to separately pay an amount equivalent to 5% of the economic profit accrued from winning (excluding value-added tax) as a performance remuneration, when he/she delegated the Plaintiff, who is an attorney-at-law, to file a lawsuit claiming divorce and consolation money, etc., the limitation of delegated affairs shall be limited to the relevant instance, and an amount equivalent to 5% of the economic profit accrued from winning (excluding value-added tax) as a result of the judgment, etc. (hereinafter “instant delegation agreement”).

B. (1) As a result of the lawsuit, the Plaintiff filed an application for fact-finding and an order to submit financial transaction information over several times, while performing the litigation as Defendant-Appellant and the Daejeon Family Court’s attorney in the claim for divorce and consolation money, etc. of the Daejeon Family Court’s case, 2011Dhap79 (Counterclaim) and the Plaintiff’s attorney in the counter-litigation case’s lawsuit, such as a divorce and consolation money, etc., and was present at the date of pleading and the date of conciliation near 20 times.

(2) On September 11, 2013, the court of the lawsuit (the first instance) rendered a judgment that “A (the complete payment by the Defendant) and the Defendant are divorced. ② As division of property, C rendered a judgment that “The Defendant shall pay 781,652,726 won with 5% interest per annum from the day following the day this judgment became final and conclusive to the day of full payment.”

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, purport of whole pleadings

2. Determination

A. According to the above facts of recognition, it is reasonable to view that the defendant obtained economic benefits equivalent to 781,652,726 won, which is the amount of property division claim under the above judgment, due to the handling of delegated affairs by the plaintiff who made a pleading as the legal representative in the above judgment of the court of first instance pursuant to the delegation agreement of this case. Therefore, barring any special circumstance, the defendant is liable to pay to the plaintiff 42,99,899 won (=39,082,636 won (781,652,726 won x 5%) and delay damages equivalent to value-added tax £« 3,908,263 won) according to the delegation agreement of this case.

B. The defendant's assertion