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(영문) 서울중앙지방법원 2020.07.07 2019나79697

손해배상(기)

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Basic facts

A. On October 15, 2013, the Plaintiff filed a lawsuit seeking the return of shares against E Co., Ltd. (Seoul Central District Court 2013Gahap549053) and F Co., Ltd. (Seoul Central District Court 2013Gahap549053) to confirm that the right to claim the return of shares against F Co., Ltd. to claim the return of shares was constituted against the Plaintiff.

On February 13, 2015, the above court rendered a judgment against the Plaintiff.

B. Accordingly, the Plaintiff filed an appeal and subsequently changed the claim to verify the shareholder of the said shares in exchange for the claim. However, the appellate court dismissed part of the changed lawsuit on February 18, 2016, and determined that the total costs of the lawsuit shall be borne by the Plaintiff while dismissing all the remaining claims.

(Seoul High Court G). The above appellate judgment became final and conclusive as it is.

(hereinafter referred to as “principal case”). (c)

1) Defendant E, who was an attorney at the Seoul Central District Court Decision 2017Kao1835 against the Plaintiff. At the time, Defendant C, an attorney at the Defendant D’s limited liability law firm, prepared and submitted to the said application division a written confirmation that the amount of the litigation cost to be paid by the Plaintiff is KRW 19,642,687, which is the amount of the litigation cost to be paid by the Plaintiff according to the judgment on the principal lawsuit between the said parties.

In this regard, the plaintiff appealed that the evidence of the amount of attorney's fees cannot be trusted, but the appeal was dismissed (Seoul High Court Order 2018Ra20495 dated October 17, 2018), and re-appealed against this was dismissed.

(Supreme Court Decision 2018Ma6976 Decided December 18, 2018 (hereinafter “instant case”) (hereinafter “determination of the amount of litigation costs”) or “determination of the amount of litigation costs”). D.

Defendant D Co., Ltd. represented the Defendants of the instant lawsuit, and Defendant B is the representative of the said legal entity.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings.