1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

1. Basic facts

A. On July 19, 2010, the Defendant, an attorney-at-law, determined the amount of KRW 10,000 as the retainer fee from the council of occupants’ representatives, and the contingent fee as the “25% of the principal and interest received in winning or mediating amount,” and accepted a legal representation of the claim seeking damages, etc. due to defects in each household and attached facilities of the above apartment.

B. On the same day, the Plaintiff entered into a contract for safety inspection, precise safety diagnosis, and technical consultation (hereinafter referred to as “instant contract”) with the Defendant on the same day with the council of occupants’ representatives and the Defendant for the said apartment complex, providing services for defective inspection of facility defects and technical consultation (including the obligation to submit three copies of the report) on each of the above apartment units and attached facilities (including the obligation to submit three copies of the report), and the Defendant’s “40% of the amount calculated by deducting taxes, such as income tax, resident tax, etc., from the contingent fees received” as technical consultation fees. On September 2010, the Plaintiff submitted a defect diagnosis report and performed its contractual obligation, such as helping the Defendant prepare an application for verification and appraisal on October 2010.

C. On March 21, 2013, the Seoul High Court (Seoul High Court Decision 2012Na25380) rendered a decision in lieu of the conciliation that “the construction of the above apartment unit shall pay the said apartment unit KRW 1125 million to the said council of occupants’ representatives and damages for delay of KRW 1093 billion,” and the said decision became final and conclusive on August 14, 2013.

On September 6, 2013, the Defendant received KRW 10,00 and contingent fees 261,117,338 from the above council of occupants' representatives. The Defendant claimed KRW 12,50,000 as contingent fees to the council of occupants' representatives on December 19 and December 24, 2013, and KRW 1,250,000 as contingent fees and KRW 58,482,230 as of April 16, 2014, respectively.

E. The Plaintiff received 63,212,786 won from the Defendant as technical advisory fees under the instant contract until now.

In accordance with the judgment of the first instance court of this case, provisional execution is carried out.