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(영문) 서울고등법원 2016.10.14 2016나7243
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil

2. The summary of the Plaintiff’s assertion presented at the trial of the competent court an application for change of the cause of the claim, but it reinforced the cause of the claim for damages while maintaining the previous assertion beneficial to the Plaintiff in light of its content.

On March 17, 2011, the Defendant, upon entering into the instant delegation contract, submitted a letter of delegation of lawsuit to the court on March 31, 2011, which was paid KRW 3 million in the appointment fee. On April 1, 2011, the Defendant presented a favorable pleading to the other party that “E has the right to use and benefit from the instant building, and the Plaintiff has to pay KRW 46 million in the appointment fee.”

B. In addition, at the time of the filing of the instant lawsuit, the Defendant prepared and executed a complaint with a content that does not comply with the factual relations and legal principles, and subsequently failed to comply with the instant claim and application for modification of the cause of the claim based on the precedents regarding the transfer for security, which was weak at the time of the delegation of the lawsuit, even though they were not subject to the condition that they would apply for modification of the claim and the cause of the claim. In addition, the Defendant neglected his duties

C. The Plaintiff lost the suit in this case due to the Defendant’s nonperformance or tort, thereby incurring approximately KRW 10 billion in the daily rent of the instant building, KRW 2.4 billion in the market price of the instant land and building, KRW 5 billion in consolation money, KRW 2.5 billion in compensation for damages, which is part of which the Defendant’s losses (= KRW 120 million in compensation for property losses) and damages for delay. Thus, the Plaintiff seek against the Defendant for payment of KRW 120 million in compensation for damages (= KRW 20 million in compensation for property losses) and damages for delay.

3. Determination

(a)in the event that an attorney-at-law loses an inappropriate performance of a litigation case delegated, in the light of an average attorney-at-law;

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