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(영문) 부산지방법원동부지원 2019.06.13 2018가단1492
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion delegated the defendant, who is a lawyer, to act on behalf of the defendant in the cases indicated below, the defendant performed an unfaithful litigation as stated in the column, and thereby caused the plaintiff to be ruled against the plaintiff.

As a result, the Plaintiff suffered damages equivalent to 85,050,000 won in total, including attorney fees and consolation money, and thus, the Defendant is obligated to pay the said amount and damages for delay to the Plaintiff.

On March 18, 2014, 2D fraud, etc. 1.5 million won, which did not amend the purport of the claim on March 18, 2014, 1.5 million won, 1.5 million won, including 2D fraud, and 3E resolution invalidation of the resolution of the general meeting of the members of the fishing village fraternity, 1.5 million won as soon as possible on June 9, 2014, 1.5 million won, including non-performance of the conditions for the prompt closing of argument and the invalidity of the resolution of the board of directors of the 4F association, 1.5 million won, 5 million won, 1.5 million won, as soon as possible on June 5, 2014, such as the invalidation of the resolution of the general meeting of members of the fishing village fraternity.

2. Determination

A. In general, a mandatary must fulfill the duty of due care of a good manager according to the terms of delegation. In particular, an attorney-at-law who has been delegated a legal representative has the duty to protect the client's rights in good faith based on professional legal knowledge and experience in performing the delegated affairs. However, in order to compensate for damages to an attorney-at-law, it is also necessary to prove that an attorney-at-law who is the mandatory has been negligent in performing the said duty of due care as well as that the attorney-at-law was able to win if he

(See Supreme Court Decision 93Da62508 delivered on May 12, 1995, etc.). Moreover, the legal relationship between the client and the attorney-at-law who requests a litigation case is delegated or similar contractual relationship, and therefore, whether an attorney bears any obligation to the client is in accordance with the specific terms of the delegation contract.

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