beta
(영문) 서울중앙지방법원 2018.07.13 2018가단5003529

기타(금전)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion

A. Defendant B, as the representative director of D Co., Ltd., from March 2007 to October 2008, serves as the chief management officer in charge of overall management of D Co., Ltd’s funds, official duties, and registration of authorization and permission, etc. from around October 2008. From January 23, 2015, Defendant B served as D’s representative director, who delegated various cases to the Plaintiff. Defendant C is a person in a de facto marital relationship with Defendant B and a director of D, who delegated the case to the Plaintiff.

B. The Plaintiff had been delegated by F, the president of the E Group, for the past several years, the case was being proceeded with. During that process, F introduced Defendant B, who had faithfully performed a civil and criminal lawsuit for himself/herself, to the Plaintiff, who was in charge of his/her own punishment, and the Defendant B was in charge of this case to the Plaintiff.

In relation to Defendant B’s residing in Busan, the Plaintiff and Defendant B did not prepare a separate contract regarding the acceptance of the case, but Defendant B concluded the acceptance of the case as impliedly with the Plaintiff. Accordingly, Defendant B did not have any contact with the Plaintiff and any related documents in connection with the progress and handling of the case in which the Plaintiff is performing.

C. The method of attack and defense shall be modified, primarily, by asserting that an implied delegation contract has been concluded between the Plaintiff and the Defendant B, which is the conjunctive that the explicit delegation contract has been concluded between the Plaintiff and the Defendant B.

On September 2015, the Plaintiff in the civil petition case related to the information disclosure claim and environmental impact assessment was requested by Defendant B to take legal response to the permission of the factory of H members of G G, Inc. (hereinafter referred to as “G”) from Defendant B, and was requested to grant permission for the factory of H members of G.