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(영문) 서울중앙지방법원 2015.03.27 2014나41321

대여금 반환

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The defendant is the representative attorney of D Law Firm and the plaintiff is a staff who supported D's Secretariat E.

B. Around August 2009, the Defendant entered into a contract of acceptance of a lawsuit under the name of law firm D, which stipulates that the second freedom shall be paid separately for obstruction of air circulation, air pollution, complex malodor, noise damage compensation case due to the second freedom by the Plaintiff, and 10 million won, 6% or 15% (less than 50 million won, less than 1.5%, less than 1.5 billion won, less than 1.5 billion won, less than 1.1 billion won, less than 1.5 billion won, less than 8%, more than 3 billion won, and more than 6%), stamp, delivery charge, actual expenses, and appraisal expenses shall be paid separately in the name of law firm D.

C. Around December 2009, the Defendant, as an attorney at the above case, filed a lawsuit in the case of Suwon District Court Branch 2009Gahap16298 (hereinafter “instant lawsuit”) (hereinafter “instant lawsuit”). On December 22, 2010, the Defendant filed an application for on-site inspection and damage appraisal with the above court, and the appraisal cost to be prepaid amounted to KRW 100 million.

F) If the appraisal cost is not prepared more than KRW 70 million, the F demanded that the remainder of the appraisal cost be paid at the attorney's office on behalf of the third party representative, and the third party representative of the client pay the cost of appraisal at the attorney's office on behalf of the client, the F shall state the purport of "if you bear the expenses of on-site verification expenses and other actual expenses such as stamp, delivery fee, etc. to be additionally borne when expanding the claim according to the result of the appraisal in the future, the client shall pay the amount of the cost of the lawsuit on behalf of the client as the top priority from the damages to be paid at the time of winning the lawsuit, and the receiver shall make a resolution of dissolution on January 26, 201 (Law Firm D shall be decided on March 9, 201, and the registration is completed thereafter, the defendant is a representative of the C Law Office B and G.).