beta
Text
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. The defendant is an attorney-at-law, and the plaintiff is the client who has delegated his/her lawsuit to the defendant seeking confirmation of the absence of obligation to return down payment.
On April 4, 2016, the Plaintiff entered into the instant delegation agreement with the Defendant (hereinafter referred to as “instant delegation agreement”) and the Defendant as the retainer amount, KRW 1.5 million on April 1, 2016, and the same month.
4. Each payment was made in KRW 1.8 million.
B. Article 6(1) of the instant delegation contract provides that the Plaintiff shall pay to the Defendant a sum of KRW 3,300,000 (including value-added tax) at the time when the delegation contract is concluded.
Paragraph 4 provides that when the delegation contract is terminated by agreement between the plaintiff and the defendant, the amount calculated by multiplying the defendant's attorney-at-law and professional assistants by the hourly fee rate set by the defendant shall be deducted from the commencement fee and the remaining amount shall be refunded if there is any balance. Article 8 provides that the defendant's stamp, delivery fee, appraisal fee, advance payment, deposit, feed, and other necessary expenses shall be borne by the plaintiff in full.
C. On April 4, 2016, the Defendant received a complaint against C in the Seoul Central District Court for the litigation for the confirmation of existence of a debt (Seoul Central District Court 2016Da5073463), and thereafter, the Plaintiff continuously requested the return of the retainer by stating the complaint in the performance of the Defendant’s litigation, the Defendant submitted a letter of resignation to the full bench on May 23, 2016, before the date of pleading.
Then, while the Plaintiff independently proceeded with the lawsuit, the Plaintiff submitted a written withdrawal of the lawsuit on July 8, 2016, and C, the other party, submitted a written consent of the withdrawal of the lawsuit on July 12, 2016, and the claim for the confirmation of the existence of the obligation was transferred to the Incheon District Court’s father on December 9, 2016.
The Busan District Court shall assist the Incheon District Court.