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(영문) 춘천지방법원강릉지원 2016.08.17 2015가단23662

손해배상(기)

Text

1. The Defendant’s KRW 8.4 million with respect to the Plaintiff, 5% per annum from November 24, 2015 to August 17, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. A. Around September 2010, the Plaintiff received counseling from the Defendant’s employee C on the individual rehabilitation and bankruptcy at the Certified Judicial Scriveners’s office operated by the Defendant, and delegated the Defendant with the relevant affairs, such as the application for individual rehabilitation, and issued the documents necessary for the application for individual rehabilitation. 2) Around September 2010, the Defendant confirmed that the amount of the Plaintiff’s debt exceeds 50 million won and does not meet the requirements for individual rehabilitation and did not file an application for individual rehabilitation with the court.

3) On November 2014, the Plaintiff sought the progress of the Plaintiff’s rehabilitation application case from March 2015 to C by telephone, i.e., seizure of the Plaintiff’s benefits and retirement allowances. 4) As to the Plaintiff’s inquiry, C was under way in the rehabilitation application case, and it was false as soon as it would be concluded.

(A) The defendant asserted as a misunderstanding due to a long-standing case's memory. However, according to the Gap 7's evidence, C is not a mere memory but a passive response due to his or her passive mistake, and it is recognized that he or she actively induced the plaintiff.) [The grounds for recognition: Facts without dispute, Gap 1 through 5, Gap 7, and Eul 3 (Evidence with a serial number includes a serial number), each entry of Gap 1 through 5, Gap 7, and Eul 3 (Evidence with a serial number), the witness's partial testimony, and the purport of the whole pleadings]

B. 1) The Plaintiff’s assertion and determination as to the Plaintiff’s claim is selectively sought, and the Plaintiff’s damage compensation for nonperformance and tort damages are sought.

B) A judge-general shall manage the delegated affairs with the care of a good manager in accordance with the purport of the delegation (Article 681 of the Civil Act, and a certified judicial scrivener who accepted an application for individual rehabilitation, etc.). If it is determined that the delegating person fails to meet the requirements for individual rehabilitation after examining whether the delegating person satisfies the requirements for individual rehabilitation, he/she shall notify the mandator thereof

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