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(영문) 대전지방법원 2017.08.10 2017나1507

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

Basic Facts

Defendant B entered into a contract on December 24, 2010 with respect to the delegation of litigation for the claim for loans to D, E, and F (hereinafter “instant loan delegation contract”) between D and E and F, from August 26, 2000 to October 6, 2001, by asserting that Defendant B lent KRW 241,130,000, and Defendant C lent KRW 100,000 to October 6, 201.

At the time of the instant loan delegation contract, Defendant B paid 50% of the winning amount without advance payment to G as remuneration, and the cost of delegated affairs, such as stamp, service fee, etc., agreed to be borne by H, who is the seat of Defendant B, as claimed by G.

G After entering into the instant loan delegation contract, on August 22, 201, G sent the content-certified mail to the effect that “The Defendant shall make a claim for reimbursement of KRW 241,130,000 borrowed from the Defendant within a prompt time, and if voluntary reimbursement is not made, the legal means will be sought.” However, H or Defendant B did not bring a lawsuit seeking a loan against the said D, F, and E due to the lack of the payment of litigation costs.

As above, when the statute of limitations for the above loan claims against D, F, and Q (hereinafter “G, etc.”) were expired due to the Defendants’ failure to file a lawsuit seeking a loan, the Defendants concluded a contract with G, L, M, N,O, P, and Q (hereinafter “instant contract for the delegation of a lawsuit seeking compensation for damages”). On July 15, 2014, by asserting that G did not file a lawsuit despite the fact that the said loan claims were extinguished by the statute of limitations, and that G did not file a lawsuit despite the fact that the instant contract for the delegation of a lawsuit was concluded, the Defendants concluded a contract for the delegation of a lawsuit seeking compensation for damages between G and the Plaintiff, who was an attorney-at-law, G and the same attorney-at-law (hereinafter “G, etc.”), as well as the attorneys-at-law affiliated

At the time of the delegation of the instant damages lawsuit, the Plaintiff and the Defendants are aware of without the advance payment.