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(영문) 서울서부지방법원 2016.06.01 2015가합2560

손해배상등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On November 23, 2007, the Plaintiff, the certified judicial scrivener of the Plaintiff, entered into a contract with D Housing Redevelopment and Improvement Project Association (hereinafter “instant redevelopment project association”) to handle various legal affairs including registration affairs, and agreed to allocate registration fees at the ratio of 4:6 to the Defendant in charge of the real estate registration affairs as the Plaintiff’s employee. Accordingly, each of the redevelopment apartments newly constructed by the redevelopment project association of this case completed registration of initial ownership of 340 households.

Therefore, the Plaintiff seeks payment of KRW 33,251,040, which is equivalent to KRW 833,251,040, which is equivalent to 40% of the agreed allocation ratio of the remainder of KRW 833,127,600, which is excluding KRW 91,872,40,000, which is incurred by the above work, and KRW 394,317,520, which is the sum of KRW 58,688,880, which is the amount equivalent to the penalty tax imposed on the Plaintiff due to the Defendant’s tort committed by arbitrarily adding tax invoices or unilaterally filing global income tax return.

2. According to the judgment evidence No. 1, the plaintiff and the redevelopment association of this case concluded a legal service contract on November 23, 2007 between the plaintiff and the redevelopment association of this case, but in addition, the agreement was concluded between the plaintiff and the defendant to distribute the registration fee at the ratio of 4:6.

In addition, according to the overall purport of the statements and arguments in the evidence Nos. 1 through 5, the plaintiff made a verbal agreement to distribute registration fees received from the redevelopment cooperative of this case at the rate of 6:4, while the defendant made a forgery or use of a written claim for remuneration to the redevelopment cooperative of this case at his discretion, and embezzled the registration fees by receiving registration fees.