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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a law firm, and the Defendant Association is an incorporated association composed of non-corporate doctors working in F among the doctors belonging to E, an incorporated association.
Defendant C was the former auditor of the Defendant Association, and Defendant D was the current auditor.
B. Around 2017, when the issue of embezzlement of G, an employee of the Defendant Association, was revealed, Defendant C and Defendant D, an executive officer of the Defendant Association, entered into a delegation contract for the handling of legal affairs related to G’s embezzlement (hereinafter “instant delegation contract”) with the Plaintiff Corporation on January 25, 2017.
The main contents of the delegation contract (Evidence A6) are as follows:
The delegation contract (criminal) of this case: C Auditor and D member (Mandatary): The plaintiff corporation and H member (Mandatary B): the name of embezzlement, breach of trust, and the name of related civil procedure: The parties to embezzlement, breach of trust, and violation of the Framework Act on the Construction Industry: the other party to the defendant association: G, the other party to the case, G, I, J, K, K, L, M, N, andO, the delegation contract concerning the handling of the case in the first instance of related civil procedure as follows:
Article 4 [Remuneration] A shall pay to B criminal 15 million won (excluding value-added tax) and three million won (value-added tax separately) with remuneration, simultaneously with the formation of a delegation contract.
The amount of KRW 10 million for the commencement of a criminal case and KRW 3 million for a civil case shall be paid immediately, and in the case of prosecution for a criminal case, the balance of the criminal case shall be paid immediately.
If a civil recovery is less than 100 million won, 10% of the recovered amount, 7% of the recovered amount in cases of recovery of less than 300 million won, and 5% in cases of recovery of more than 300 million
(If agreement is reached with the other party without the consent of B, 7% of the agreed amount shall be paid. Additional tax attached). The counsel shall submit a total of at least two persons in A and H to the appointment system.
(including without proof from the chief prosecutor) Defendant C and D shall sign their own signature in the delegation column.
C. Accordingly, the Plaintiff corporation represented the case of criminal complaint against G. D.
March 14, 2018