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(영문) 서울중앙지방법원 2015.11.25 2015가단20757 (1)
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On May 24, 2012, B calls the Plaintiff to the effect that “Around May 24, 2012, there exists an amount of money earned from making a professional gift option in the futures option and then making an investment in the futures option.” It is false to the effect that if the Plaintiff forward the money he/she has now, he/she will retain him/her to pay the money to him/her for the future, and the principal may be guaranteed.” The money in this context was received from the Plaintiff to November 3, 2012 from the Plaintiff as an investment money and acquired the money (hereinafter “the instant defraudation”).

B. On April 16, 2013, the Plaintiff entered into a delegation contract (hereinafter “instant delegation contract”) with the Defendant to receive the return of money paid by the Plaintiff through deception against B and to delegate agent for civil cases to the Defendant (hereinafter “instant delegation contract”).

Article 7 of the delegation contract of this case and the special agreement of this case provide that contingent remuneration shall be an amount equivalent to 22% of the value of economic benefits acquired by winning a lawsuit (excluding value-added tax), but it shall be paid in cases of adjustment, agreement or criminal agreement inside and outside a trial, and the retainer shall include the interest of the complainant, and the criminal case shall be proceeded first, and if both parties agree, the civil case shall not be proceeded.

C. On September 13, 2013, the Defendant submitted a written complaint against B as a crime of fraud after the instant delegation contract, and filed a civil suit against B on behalf of the Plaintiff for the payment of loans on behalf of the Plaintiff.

On the other hand, B was prosecuted for fraud against the Plaintiff on November 26, 2013 by Seoul Central District Court 2013Ma7375, and was sentenced to imprisonment on June 20, 2014. B deposited KRW 32 million as a criminal agreement amount for the repayment of damage to the Plaintiff on June 19, 2014, which was prior to the said sentence.

On June 25, 2014, the Plaintiff left the aggregate for the purpose of forgotten all the 'all's legal practitioners belonging to the Defendant and providing medical care.

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