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(영문) 서울중앙지방법원 2020.01.10 2018가단5267095

손해배상(기)

Text

1. Defendant B’s KRW 51,043,133 as well as the Plaintiff’s annual rate from June 26, 2016 to January 10, 2019.

Reasons

1. Although Defendant B’s claim against Defendant B thought that he/she will use the money received without the intention to appoint Defendant C, an attorney-at-law, by deceiving the Plaintiff, and acquired the Plaintiff’s total sum of KRW 51,043,133 from November 6, 2015 to June 26, 2016 as attorney fees for civil and criminal cases.

(C) Therefore, Defendant B is obligated to pay the Plaintiff damages amounting to KRW 51,043,133 and damages for delay due to the tort.

2. The plaintiff in the claim against the defendant C asserts that he conspired with the defendant C or aided the defendant B's deceptive act, and that he is liable for joint tort as the user of the defendant B, who is the chief secretary.

However, in full view of the circumstances such as the fact that Defendant B was the chief executive officer of Defendant C’s former law firm and there is no evidence to prove that Defendant C was the chief executive officer of Defendant C’s affairs (Defendant B only requested the case from the investigative agency to the Defendant C) and there is no evidence to prove the authenticity of Defendant C’s seal affixed to the quotation (A-1 through 6) (Defendant B stated that the investigative agency brought the employee seal without permission, and Defendant B appears to have used the money acquired for personal purposes in the instant preparatory document, and there is no evidence to prove that Defendant C received money or received profit, and the evidence submitted by the Plaintiff was insufficient to support the act of obtaining the Plaintiff’s criminal complaint from Defendant C.

It is insufficient to recognize that Defendant B was an employer.

Therefore, the plaintiff's claim against the defendant C is without merit.