손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. On November 15, 2012, the Plaintiff filed a lawsuit for the purchase of goods against B with the Suwon District Court Ansan Branch of 2012Gahap2214, and filed the lawsuit against B on November 15, 2012, “B shall pay KRW 100 million to the Plaintiff, but two installments shall be paid KRW 20 million up to January 31, 2013, and KRW 80 million up to July 31, 2013, respectively. If B delays the payment in installments on one occasion, it shall lose the benefit of time, and immediately pay the unpaid amount, but it shall be paid in addition to the amount calculated at the rate of 20% per annum from the day following the day of delay until the day of full payment.”
B. According to the above protocol, the Plaintiff, a certified judicial scrivener, delegated the preparation of an application for compulsory auction and submission of an application for the real estate owned B to the Defendant, and paid KRW 300,000 as remuneration.
C. On September 5, 2013, the Defendant, upon the Plaintiff’s delegation, filed an application for compulsory auction of real estate at the rate of 20% per annum from August 1, 2013 to August 16, 2013, the sum of KRW 701,369, totaling KRW 80,701,369, and KRW 369, which is calculated at the rate of 80,000 per annum 105, 403 Dong-gu, Gwangju District Court C, Gwangju, North-gu, Gwangju, and KRW 403.
On September 12, 2014, the distribution schedule was prepared to the Plaintiff on September 12, 2014 that the amount of the above application was distributed to B who is the debtor, and the amount of surplus 27,520,448 won.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 3, Eul evidence Nos. 2 and 4, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion stated the amount of claim under the above conciliation protocol so that all of the Plaintiff’s claims can be distributed according to the Plaintiff’s delegation, or stated only the principal amount of KRW 80 million and damages for delay from August 1, 2013 to August 16, 2013 in the application form, while the Defendant did not make any further claim.