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(영문) 서울중앙지방법원 2014.02.07 2013가합23919

손해배상(기) 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. All costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. A. Around August 2012, D recommended the Plaintiff to purchase and sell gold equivalent to KRW 10 billion and to distribute profits if the Plaintiff bears fees by participating in the transaction in which profit remains (hereinafter “the instant gold transaction”), and the Plaintiff agreed to participate in the instant gold transaction upon the said recommendation.

B. On August 27, 2012, the Plaintiff and Defendant B entered into a delegation agreement (Evidence A 3; hereinafter “instant agreement”) with the following terms and conditions at the office of Defendant C Law Firm (hereinafter “Defendant Juristic Person”) working for Defendant B as a partner attorney-at-law.

(hereinafter referred to as the “instant delegation agreement”). The Plaintiff’s agent, the mandator, concludes an agreement between the parties to the instant delegation, for the business of purchase of the aggregate, as follows:

Article 1 (Purpose of Transaction)

1.The mandator intends to purchase the aggregate by investing 10 billion won in capital;

2. The truster’s motive for the above transaction is to make the above financing, and to make profits from the deposited principal and international market prices through wholesale transaction with the above financing.

(Specific return on profit may be increased or decreased among the parties, and specific return on profit shall be determined by agreement and all circumstances. Article 2 (Scope of Authority and Business)

1.In carrying out the delegated affairs above, the mandatary may carry out the affairs in free judgment and discretion.

2. The mandatory’s duties are limited to the duties of checking the implementation of the above procedure, examining the terms of the contract between interested persons, and verifying the implementation of the contract, with respect to the specific process relating to the purchase of aggregate.

3. Accordingly, an objection or issue is not raised against the interests of the mandatarys that arise in the course of the proceeding of all the procedures, unless it would prejudice the timely return of profit to the mandators.

Article 3 (Expenses)

1. Handling the above delegated affairs;