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(영문) 부산지방법원 2015.03.24 2013가단10679

손해배상(기)

Text

1. The Defendant’s KRW 47,369,00 for the Plaintiff and KRW 5% per annum from April 2, 2013 to March 24, 2015.

Reasons

1. Basic facts

A. On June 201, the Plaintiff was found in the Defendant’s attorney-at-law office located in Busan District Court No. 501, Busan District Court 2010Na9054 for the purpose of receiving legal counseling on the ownership transfer registration case.

D is an employee of the defendant's attorney-at-law in charge of the receipt of civil and criminal cases, preparation for trials, and accounting.

B. The fact that D had consulted the Plaintiff’s case was not known to the Defendant, a lawyer, even if having received enforcement expenses, etc. from the Plaintiff, but was thought that D would not notify the Defendant, who was the attorney, of the fact, even though the Defendant was normally engaged in the litigation affairs, etc., and obtained a total of KRW 90,170,000 from September 15, 201 to August 16, 2012, as the execution expenses, etc. were received from the Plaintiff, as a result of execution expenses, etc.

(hereinafter “instant illegal act”). C.

The plaintiff filed a complaint against D on the charge of fraud.

D In the case of fraud, including fraud of Busan District Court Decision 2013Da3370, and occupational embezzlement, “D was in charge of receiving, preparing, and conducting accounting of civil and criminal cases while working as an employee of the defendant’s office” was not notified to the attorney even if the attorney fees, etc. were received from the customer, or even if the attorney was aware of it, he was thought to receive additional costs not to be followed by the attorney-at-law. However, in a normal manner, D was sentenced to imprisonment for December 17, 2013 by the victims including the Plaintiff from December 29, 2008 to December 5, 2012, with the criminal facts, such as “D obtained an aggregate of KRW 708,090,000 from the victims including the Plaintiff and obtained them by fraud.”

(This part of the judgment against the plaintiff was affirmed through the appellate court and the final appeal.)

The plaintiff set an objection against D's above act, and from October 18, 2012 to November 5, 2012, the plaintiff set an objection against D's above act.