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(영문) 서울고등법원 2019.08.14 2018나2072353
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the costs incurred by the participation in the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff submitted an application for modification of the purport of the claim and the cause of the claim to the Plaintiff on October 15, 2014 in the Suwon District Court 2014Gahap14644 damages, etc. brought against D and E (hereinafter “prior action”), and submitted an application for modification to the purport of the claim and the cause of the claim to the Plaintiff on October 15, 2014, and delivered the money at the rate of 5% per annum from May 19, 2010 to the delivery date of the duplicate of the complaint of this case, and 20% per annum from the next day to the day of complete payment (hereinafter “previous claim”) with respect to each of the above amounts of KRW 193,974,87, KRW 189, KRW 87, KRW 189, and KRW 20 per annum from the day following the day of complete payment to the day of complete payment.”

B. Upon accepting the preceding case from the Plaintiff, the Intervenor’s Intervenor (hereinafter “ Intervenor”) filed an application for modification of the purport of the claim and the cause of the claim with respect to February 3, 2015, as the Plaintiff, as the Intervenor’s Intervenor (hereinafter “ Intervenor”), and the content of the application is as follows: (a) D and E, as the primary part, sought payment of KRW 72,00,000 for the performance of the procedure for ownership transfer registration based on the restoration of real name; (b) for E, KRW 60,000 for E; and (c) for delay damages at a rate of 20% per annum for each of the above amounts.

The claim was sought for the previous claim of the preceding case stated in the claim.

C. On April 24, 2015, the Intervenor retired from the above law firm and worked in the law office operated by the Defendant, and the name of the other attorneys working in the law office operated by the Defendant, including the Intervenor, was submitted to the court in the preceding case.

The preceding case was closed on June 11, 2015, and the pleadings were resumed following the plaintiff's application for perusal and duplication and the submission of reference materials.

Since then, the plaintiff directly.

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