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(영문) 대구지방법원 서부지원 2018.07.17 2017가단5932
손해배상(기)
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 30,00,000 and 5% per annum from May 30, 2017 to July 17, 2018.

Reasons

1.The following facts of recognition may be found in the absence of dispute between the parties, or may be found in full view of each of the statements in Gap evidence 1 to 7, Eul evidence 1 to 6 (including the number of branch numbers; hereinafter the same shall apply), the result of commissioning the delivery of documents to the Daegu District Court of this Court, the whole purport of the pleadings.

Defendant B (hereinafter “Defendant B”) is a law firm that performs the duties of attorney-at-law. Defendant C (hereinafter “Defendant C”) is an attorney-at-law of Defendant C as a member of the lower law firm, and the lower court is an attorney-at-law in charge of the claim for the agreed amount, etc. between the Plaintiff and SPS Co., Ltd. (hereinafter “SS”).

The plaintiff is a person who was the representative director of D Co., Ltd. (hereinafter referred to as D).

B. On November 13, 2013, the Plaintiff entered into a contract with Defendant Law Firm on the delegation of a lawsuit with respect to the claim, such as the agreed amount with Es.S.

C. On November 28, 2013, the Plaintiff delegated the Defendant Law Firm, and filed a lawsuit against Es.S. on November 28, 2013, including the Daegu District Court 2013Gahap1205 Agreement.

The Plaintiff’s claim is a claim for confirmation of existence of an obligation, a claim for damages of KRW 18,053,693 due to nonperformance, a claim for an agreed amount of KRW 50,000,000 for consolation money of KRW 3,058,692 for operating expenses, and a claim for agreed amount of KRW 135,00,000 for brokerage fees.

E.S. asserted a claim for a loan of KRW 85,00,000 against the Plaintiff (hereinafter “return claim”) and a claim for reimbursement of KRW 261,097,298 paid to the Credit Guarantee Fund, and made a counterclaim against the above claim of the Plaintiff. D.

On November 6, 2014, the court of first instance recognized the claim for consolation money among the Plaintiff’s claim for consolation money, and recognized the amount of KRW 74,000,000 among the claim for refund against the Plaintiff by Es.S., and related to the claim for consolation money amounting to KRW 50,00,000.

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