손해배상(기)
1. Revocation of the first instance judgment.
2. The plaintiff's claim (including the part extended by this court) is dismissed.
3. Action.
1. The defendant, who is the certified judicial scrivener of the plaintiff, agreed between the plaintiff and the plaintiff to "the defendant applies for individual rehabilitation on behalf of the plaintiff, prepare and submit documents concerning various orders of correction, and receive a decision of individual rehabilitation."
On November 11, 2013, the Defendant filed an application for individual rehabilitation against the Plaintiff and received a decision to commence individual rehabilitation procedures by 2013 Daegu District Court Decision 5960, supra.
After several objections have been filed and orders of correction have been issued, the said court issued orders of November 17, 2015 (hereinafter “instant orders of correction”).
The plaintiff tried to contact the defendant with the correction order of this case through the case search, and tried to identify the defendant.
However, the Defendant did not submit the amendment to the instant amendment, and the said court rendered a decision to discontinue the individual rehabilitation procedure on December 31, 2015 on the ground that the instant amendment was not complied with.
After that, the Plaintiff requested another certified judicial scrivener office to authorize the repayment plan on August 31, 2017.
In the end, if the Defendant fulfilled the proper order of correction, the Plaintiff received the authorization order at the time, and the Defendant is obligated to compensate the Plaintiff for the total amount of KRW 129,791,837 as follows:
① The Plaintiff paid a total of KRW 81,578,047 to the rehabilitation court for 24 months following the decision to commence the rehabilitation case. Following the abolition of the rehabilitation procedure, the said money was returned to the Plaintiff’s account. The Plaintiff suffered damages in KRW 81,578,047 by setting off his claim and the said deposited money.
② Following the abolition of rehabilitation procedures, the Plaintiff’s benefit was re-execution of a new collection and seizure order, and the Plaintiff incurred losses in total of KRW 14,985,910.
③ When the Plaintiff re-requests another certified judicial scrivener office to apply for individual rehabilitation, 2,400,000 won for filing an application for individual rehabilitation.