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(영문) 서울중앙지방법원 2015.01.13 2014나9785

손해배상

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On November 8, 2010, the Plaintiff delegated an attorney-at-law C’s legal office with the business related to individual rehabilitation (hereinafter “instant business”), and paid KRW 1,200,000 to the attorney-at-law’s office. The Defendant was in charge of the instant business while working as a secretary at the said legal office.

B. On behalf of the Plaintiff, Attorneys C filed an application for individual rehabilitation with the Seoul Central District Court 2010 Congress 77814 on behalf of the Plaintiff, and each of the decision to authorize the commencement of individual rehabilitation procedures on April 28, 201 and the repayment plan on December 22, 2011 was rendered, but the decision to discontinue individual rehabilitation was rendered on July 25, 2012.

C. Accordingly, upon the Defendant’s recommendation, the Plaintiff filed an application for individual rehabilitation with the Incheon District Court 2012 Congress 70160, but the Plaintiff was dismissed on September 12, 2012. D.

On September 17, 2012, the defendant prepared and delivered each letter stating that "as to the case of individual rehabilitation application and the case of individual rehabilitation application for the Seoul Central District Court 2010 out of 77814 and the case of individual rehabilitation application for the Incheon Central District Court 2012 out of 70160, the defendant shall conclude the case and be fully responsible for the losses incurred as a result of individual rehabilitation application," and on October 10, 2012, "as to the case of individual rehabilitation application for the Seoul Central District Court 2010 out of 77814, Seoul Central District Court 200,000 and the case of individual rehabilitation application for the amount of 10,917,000 won paid on condition of non-approval of re-approval of re-application (Evidence 2; hereinafter referred to as "each letter of this case")."

E. According to the instant written statement, the Defendant filed an application for individual rehabilitation under the name of the Plaintiff on November 6, 2012 with the Seoul Central District Court 2012Da17287, but the Defendant rendered a decision to dismiss the application for commencing individual rehabilitation procedures on May 20, 2013. The Defendant filed an application for individual rehabilitation under the name of the Plaintiff again with the Seoul Central District Court 2013Da102636, but on December 18, 2013, filed a decision to dismiss the application for commencing individual rehabilitation procedures.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2 and Eul evidence Nos. 1, 2, 4, and 5, respectively, and arguments.