1. The plaintiff's claim is dismissed.

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

1. Judgment on the plaintiff's assertion

A. On August 25, 2015, the Plaintiff filed a lawsuit claiming damages against the Defendant on the ground of tort (Seoul District Court Decision 2015Da42045) and was sentenced to a favorable judgment of the Plaintiff on August 25, 2015.

Accordingly, the Defendant appealed as Busan District Court 2015Na12465 and ordered a certified judicial scrivener C who is not an attorney-at-law to prepare a statement of grounds of appeal and a written correction of the grounds of appeal, etc.; and the Plaintiff was sentenced to a judgment against the Plaintiff from the above court on April 1, 2016.

The Plaintiff appealed to the Supreme Court Decision 2016Da19398, but on July 27, 2016, the judgment of the said appellate court became final and conclusive after being sentenced to dismissal of appeal by the Supreme Court.

C In fact, not attorneys-at-law, acts of acting as a legal representative as above in violation of Article 21 of the Certified Judicial Scriveners Act and Article 109 subparagraph 1 of the Attorney-at-law Act, and thus, the plaintiff suffered damages equivalent to the amount stated in the purport of the claim, so the defendant is liable to compensate the plaintiff

나. 관련 법령 ▣ 법무사법 제21조(업무 범위 초과행위 및 등록증 대여의 금지) ① 법무사는 그 업무 범위를 초과하여 다른 사람의 소송이나 그 밖의 쟁의사건(쟁의사건)에 관여하지 못한다.

▣ 변호사법 제109조(벌칙) 다음 각 호의 어느 하나에 해당하는 자는 7년 이하의 징역 또는 5천만 원 이하의 벌금에 처한다.

In such cases, a fine and imprisonment with labor may be imposed concurrently.

1. A person, not an attorney-at-law, who receives or promises to receive money, valuables, entertainment or other benefits or who provides or promises to provide such things to a third party, in compensation for providing or arranging legal services, such as examination, representation, arbitration, settlement, solicitation, legal consultation, preparation of legal documents, etc. concerning cases in each of the following items:

A. Litigation case, non-contentious case, household affairs.