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(영문) 서울중앙지방법원 2014.11.06 2012가합108684

손해배상(기) 등

Text

1. The Defendants shall jointly and severally serve as KRW 350,000,000 on the Plaintiff and as a result, from January 26, 201 to January 16, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a stock company aimed at the construction of machinery and equipment. Defendant A is an attorney-at-law working as the representative of the law firm F (hereinafter “instant law firm”) from November 30, 201 to August 6, 201, Defendant B is an attorney-at-law working as the representative of the law firm F. From March 31, 200 to February 28, 201; Defendant C is from April 26, 2006 to February 26, 201; Defendant D is from February 15, 201 to July 15, 201; and Defendant E is an attorney-at-law working as each of the instant law firms from July 15, 201 to August 6, 2012.

B. On October 15, 2010, the Plaintiff was entitled to the amount of USD 20,000,000 for submarine pipeline pipeline pipeline pipes construction works executed by the company, and there was a need to submit an advance payment guarantee certificate for USD 3,00,000 equivalent to the construction cost in order to receive advance payment for construction works.

C. On January 26, 2011, the Plaintiff heard that the instant law firm was engaged in the business of issuing a payment guarantee certificate through financial rights from H, which is the seat of the Plaintiff’s representative director, and sought the pertinent law firm from the Plaintiff, and only I (the instant law firm served as a member attorney from November 9, 201 to December 16, 201 as a member attorney from November 9, 201) was a member attorney-at-law. The Plaintiff demanded that the advance payment guarantee certificate be issued, and the Plaintiff demanded KRW 350,000,000,000, which is 10% of the guaranteed amount, as a fee, from the national bank. On the same day, the Plaintiff issued a cashier’s check at KRW 350,500,000 from the national bank and paid to I. D.

After that, the Plaintiff failed to obtain the payment guarantee certificate as above, on May 31, 201, filed a lawsuit against the instant law firm, I, etc. seeking the payment of damages equivalent to KRW 350 million in the Seoul Southern District Court (Seoul Southern District Court 201Gahap9878, hereinafter “pre-trial case”), and the said court on August 10, 201, jointly and severally with I and H, filed the lawsuit claiming payment of KRW 350 million in the amount of the said fees (Seoul Southern District Court 201Gahap9878, hereinafter “pre-trial case”).