손해배상(기)
1. The Defendant’s KRW 16,200,000 and the annual rate of KRW 5% from June 3, 2014 to September 4, 2015 to the Plaintiff.
1. The parties' assertion
A. Plaintiff 1) around August 2008, the Plaintiff entered into a “legal advice and acceptance agreement” with the Defendant with respect to the housing rebuilding improvement project implemented by the Defendant, with the content that the Plaintiff would be responsible for legal advice and litigation performance. The contract (Evidence A (Evidence A 17) was concluded on August 2007, because the contract date was August 2007, which was used by the Defendant when entering into legal advice and acceptance agreement with B attorney on August 2007, but was used as it was in the contract with the Plaintiff without fixing the date of the contract form used. (2) The Defendant agreed to delegate the case to the Plaintiff in the event of civil litigation regarding the housing rebuilding improvement project, but the Plaintiff violated this agreement and delegated another attorney with the case of application in violation of the attached Form. (3) The Plaintiff was not able to incur damages equivalent to the sum of the fees of attorney fees of KRW 403,000,000 under the contract.
Therefore, the defendant should compensate for the above ordinary damages that the plaintiff could have gained through the acceptance contract and the implementation thereof.
3) In addition, the Defendant shall pay the advisory fee stipulated in the above contract, but from February 2, 2008 to June 2013, 2013, the advisory fee of KRW 19,500,000 (=300,000 x 65) was not paid. The Defendant asserted that the above contract was terminated through the Plaintiff’s office around February 2009, but the Plaintiff or the Plaintiff’s office manager did not have received the notice of termination from the Defendant.
On June 26, 2013, the Plaintiff pointed out the Defendant’s breach of the above contract and demanded measures therefor (Evidence A 18). However, the Defendant did not take any particular measure, and the Plaintiff notified the Defendant of the termination of the above contract on July 10, 2013.
(A) Accordingly, the Defendant shall compensate the Plaintiff for the amount of KRW 422,50,00 (i.e., the amount of KRW 403,00,000 advisory fee of KRW 19,50,000) for the damages incurred by the Plaintiff due to the breach of legal advice or contract of acceptance. (ii) Defendant 1 shall be liable for the damages incurred by the Plaintiff from August 2008 to December 208.