1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Defendant, Incheon District Court 2012Gahap16670 (hereinafter “instant damages case”) concluded a delegation contract with respect to the counterclaim case.

B. The foregoing counterclaim was withdrawn, and the judgment against the Plaintiff was rendered on May 13, 2014 regarding the instant damages case.

C. The Plaintiff appealed to the above court on June 2, 2014, and the Defendant submitted a petition of appeal at the request of the Plaintiff at the time.

On June 11, 2014, the notice of appeal was served to the defendant, and the notice of correction was served to the defendant.

However, the order to dismiss the petition of appeal was issued on June 23, 2014, when the plaintiff did not pay the stamp, etc. within the period.

E. On June 23, 2014, the Plaintiff remitted the stamp, etc. to the Defendant at around 19:54, and the Defendant, on June 24, 2014, submitted an amendment on the power of the appellate court and the stamp payment to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff delegated the appellate court to the Defendant immediately after the judgment on the instant damages case was rendered, and the Defendant did not notify the Plaintiff of the order of correction in the petition of appeal, despite having received the order of correction in the petition of appeal, and issued a dismissal order on June 23, 2014.

Therefore, as the Defendant is liable for nonperformance of duties or tort that did not faithfully perform delegated duties in accordance with the principle of trust and good faith, it is obligated to pay to the Plaintiff an amount equivalent to KRW 54,904,750 (the amount of solatium 34,904,750) as compensation for damages (the amount of solatium 20,000,000 due to unfair termination of the instant damages case).

B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff violated the duty of care as a mandatory, such as not notifying the Defendant of the order of correction as alleged by the Plaintiff.