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(영문) 서울중앙지방법원 2016.10.27 2016나29981

손해배상

Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except where the plaintiff added to the pertinent part the following and its determination as alleged in the court of first instance. Thus, this is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff further assertion and determination that the defendants should have paid 32 million won for the remaining 8 persons after deducting the above 200 attorneys' fees from the total 14 persons who have filed an action for pre-determination on the premise that the number of persons subject to the lawsuit for pre-determination and provisional disposition between the law firm person and the law firm person is 200,000,000 won for the above 61.6 million won was additionally paid to the above 8 persons. Furthermore, the above 8 persons also filed an application for provisional disposition and the other 29.6 million won for the above excessive 1.6 million won (=6 million won - 1.6 million won - 32 million won) as well as the association's fees for the above 194 persons who have been subject to the above 14 persons.

However, the statement in Gap evidence No. 16 alone is insufficient to recognize the fact that the number of the other party to the lawsuit is 194, and there is no other evidence to acknowledge it. Thus, it cannot be readily concluded that some of the 14 persons, including the above additional 14 persons, including the above additional 14 persons, are included in the number of persons subject to the original agreement, such as the 200 persons, and as seen earlier, the defendants received a claim for the attorney’s fees for the above 14 persons, and made the additional payment following the resolution of the union’s general meeting.