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(영문) 부산고등법원(창원) 2015.05.21 2011나4042

구상금

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. The plaintiff worked as an attorney-at-law staff from November 30, 2007 to October 23, 2009, and was in charge of individual rehabilitation and bankruptcy. The defendant is an attorney-at-law who has established an attorney-at-law office in his own name.

B. Around November 2007, the Plaintiff accepted the individual rehabilitation and bankruptcy case (hereinafter “Rehabilitation case”) under the name of the Defendant, and agreed that 40% of the limited profits from the fees that the Plaintiff received from the clients should have been the Defendant, while the Plaintiff performed all related business, and the remainder 60% of the fees that the Plaintiff received from the clients were the Defendant.

(hereinafter referred to as “instant agreement”). C.

Meanwhile, from August 5, 2008, the Plaintiff and the Defendant had the clients in charge of the case from the clients in the rehabilitation case, and the clients received a loan from the clients through the Defendant’s guarantee and paid fees, and introduced a way to repay the loan in installments thereafter. The clients did not fully repay the loan to the C Company. The Plaintiff and the Defendant, upon the request of the C Company around June 5, 2009, did not pay the loan to the C Company.

9. By October, 10, a written agreement for a loan for consumption (No. 1; hereinafter “the loan certificate of this case”) with the content that a sum of KRW 100 million is repaid was drawn up.

The Plaintiff paid a total of KRW 100 million to C companies until December 31, 2009, including remitting KRW 16 million on September 16, 2009, KRW 16 million on September 16, 2009, KRW 14 million on November 9, 2009, and KRW 3 million on November 27, 2009.

E. On October 2009, the Plaintiff retired from office staff of the Defendant’s attorney office.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3-4, 32 through 66, Eul evidence 15 and 16, the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the plaintiff is liable to pay the above KRW 100 million and the damages for delay to the plaintiff, as the plaintiff subrogated to the C company for KRW 100 million. 2) Article 425 of the Civil Code.

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