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(영문) 서울남부지방법원 2016.03.24 2015가단220140
손해배상(기)
Text

1. The Defendant: (a) KRW 10,750,000 for the Plaintiff and 5% per annum from July 4, 2015 to March 24, 2016; and (b) the Plaintiff.

Reasons

1. Basic facts

A. From March 23, 2007 to January 12, 2009, the Plaintiff lent a total of KRW 157,700,000 to D’s representative director D (hereinafter “C”)’s employees from March 23, 2007 to E, and the Plaintiff was not paid part of the loan, and the Plaintiff filed a lawsuit against E for the return of loan amounting to KRW 61,80,000 on December 30, 209, and the Plaintiff was awarded a favorable judgment of the Plaintiff on January 13, 2010, and the appellate court appealed against E rendered a final and conclusive judgment at that time that ordered E to pay KRW 56,80,000,000 and delay damages therefrom.

B. After that, the Plaintiff filed a complaint against D as to the part of the above loan, which was remitted to E around 201, stating that “D lending money to the Plaintiff via E without any intention or ability to repay,” and that it was a suspected fact that the Plaintiff wired KRW 20 million on May 18, 2007 and KRW 10,000,000 on May 22, 2007, to E and acquired it by means of the remittance of KRW 20,000 in the name of E.”

However, in the police investigation process, E and D stated that they borrowed money from the Plaintiff, not E and D, and the Plaintiff’s certificate of loan from the Plaintiff was made in the name of D D D and D, and eventually, D was subject to a non-suspect disposition in the above accusation case around May 30, 201.

C. While the Plaintiff filed a claim for the return of loans from E on March 26, 2013, the Plaintiff entered into a delegation contract with the Defendant, a lawyer, to which the Plaintiff delegated a legal representation to the Defendant. At the time, the Plaintiff entered into an agreement with the Defendant to delegate the duties necessary for the complaint when the Plaintiff filed a complaint for the suspicion of fraud against E.

(hereinafter referred to as the “instant delegation agreement”) between the Plaintiff and the Defendant on March 26, 2013;

D. immediately after the conclusion of the instant delegation contract, the Plaintiff’s retainer fee of KRW 5,500,000 and stamp tax for the Defendant.

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