손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On May 26, 2017, the Plaintiff was indicted for committing a violation of the Act on the Control of Narcotics, Etc., and was convicted of imprisonment with prison labor for two years and six months at the Jeonju District Court (C) and one hundred and one hundred and one hundred one million won of a surcharge.
B. Although the Plaintiff appealed against this, the appellate court (hereinafter “the appellate court of the relevant case”) reversed only the portion of the first instance judgment on November 30, 2017, and additionally collected KRW 600,000 from the Plaintiff, and rendered a judgment dismissing the remainder of the Plaintiff’s appeal. After which the Plaintiff filed a second appeal, the appellate court’s conviction against the Plaintiff became final and conclusive on January 31, 2018, by dismissing the appeal from the Supreme Court (E).
C. The defendant is an attorney-at-law who was appointed as a public defender at the appellate court of the relevant case.
The plaintiff asserted that the F Association and the G Association had been sentenced to a judgment unfavorable to the plaintiff due to the defendant's voluntary withdrawal of the facts charged at the appellate court of the relevant case, and that the petition and re-petition against the defendant were all dismissed.
【Facts without dispute over the grounds for recognition, Gap evidence 4, Eul evidence 1, the purport of the whole pleadings
2. The allegations by the parties and the determination thereof
A. The summary of the argument 1) Although the plaintiff had made a false pleading to the purport that the facts charged were not specified in the facts charged in the appellate court's pleading for the plaintiff in the related case, the plaintiff had had the plaintiff be convicted of imprisonment for 2 years and 6 months by arbitrarily withdrawing an unspecified claim on the first day of the appellate court's trial of the related case, and had the plaintiff suffer from serious mental pain. Thus, the defendant suffered losses due to the plaintiff's tort or non-performance of obligation, namely, the losses suffered by the plaintiff, i.e., e., 91,30,000 won (913 x 100,000 won x 8,70,000 won, and 100 won total of 10,000 won.