1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

1. Basic facts

A. On February 21, 2008, the Plaintiff entered into a contract to appoint the Defendant, who is an attorney-at-law, as the Plaintiff’s counsel, as to the investigation case at the Sungnam Branch Office of the Suwon District Prosecutors’ Office.

B. Around that time, the Plaintiff paid 10,000,000 won at the attorney’s fee to the Defendant, and granted 73,000,000 won as the deposit money to the victim.

On February 28, 2008, the defendant prepared and delivered to the plaintiff a custody note to the effect that the defendant is in custody of KRW 10,000,000 for attorney appointment fee and KRW 73,00,000 for deposit money.

C. Around May 2008, the Plaintiff terminated a defense counsel appointment contract concluded with the Defendant.

The deposit money paid by the Plaintiff to the Defendant was not used for the deposit to the victim.

E. The Defendant returned 43,000,000 won out of the above deposit money to the Plaintiff thereafter.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff and the Defendant terminated the contract for appointment of counsel, the Defendant is obligated to pay to the Plaintiff the Plaintiff the sum of KRW 10,000,000 for the attorney appointment fee of KRW 30,000,000 for the nominal deposit amount of KRW 40,000,00 for the deposit money and delay damages thereon.

B. The defendant requested the review of legality of detention to the plaintiff and participated in the examination as a defense counsel.

In the event that the plaintiff is released without using the deposit money of KRW 73,00,000 between the plaintiff and the defendant, the defendant agreed to pay the deposit money for the defendant's success fee, and the plaintiff was released from the judgment of legality of detention.

Therefore, the defendant is not obligated to return the above money to the plaintiff.

3. Determination

A. In full view of the purport of evidence No. 1, the defendant, prior to the commencement of the trial proceedings, shall meet the plaintiff and request the review of legality of detention against the plaintiff, and participate in the examination.