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(영문) 서울북부지방법원 2015.12.11 2015나33005
위자료
Text

1. The plaintiff's appeal and the damages for delay added in the trial are dismissed, respectively.

2. Claim for the costs of appeal shall be made additionally;

Reasons

1. Basic facts

A. The defendant requires the presence of the following documents (i) or (ii) when his agent applies for a perusal of the currency content (general) by proxy:

(1) The nominal owner’s certificate of the personal seal impression, power of attorney, certificate of proxy identity, cell phone (mms need), certificate of personal signature of the nominal owner himself/herself and the currency essential to the nominal owner.

B. The Plaintiff, the defense counsel of the Defendant under detention, was the Plaintiff’s attorney at the proxy or unmanned confirmation center with B’s unmanned seal affixed thereon (hereinafter referred to as “the attorney at a governmental correctional institution”) and visited the Defendant’s Gangnam Branch to check the communication confirmation meeting of B (from October 19, 2014 to October 21, 201). However, the Defendant’s employee rejected the said request on the ground that the Plaintiff failed to meet the required documents, such as the Plaintiff’s failure to participate in the certificate of the personal seal impression of the nominal owner.

【Ground for recognition】 The fact that there has been no dispute, Gap 2, 3 evidence, Eul 1, the purport of the whole pleadings and arguments

2. The plaintiff's assertion was delegated by the defendant under detention to verify whether the defendant detained as a defense counsel in a criminal case through the confirmation of the contents of communication confirmation, and requested confirmation of the contents of communication confirmation when submitting the defendant's identification card, the proxy of the defendant detained at the defendant's branch office, and the unmanned confirmation personnel

The plaintiff explained to the defendant's employees in the process of requesting that "the defendant detained cannot obtain a certificate of personal seal impression because he is detained, and did not file an application for communication confirmation with the court because he/she is unaware of the contents of communication confirmation favorable to the defendant." However, the defendant's employees did not have any ground for the certificate of personal seal impression of the defendant detained and request the confirmation of the details of communication confirmation.

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