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(영문) 서울중앙지방법원 2020.06.09 2018가단5091045
대납비용반환
Text

1. The Defendant’s KRW 45,348,80 for the Plaintiff and its related KRW 5% per annum from November 21, 2017 to May 31, 2018.

Reasons

1. Basic facts

A. On October 23, 2016, the Defendant delegated the Plaintiff with the disposition of a claim for damages in lieu of defect repair of an apartment.

(hereinafter “instant delegation contract”). The instant delegation contract includes the following:

Article 4 (Bearing of Expenses) (1) After the completion of the first instance trial of Article 7 (Settlement of Expenses, such as Fees, Service Fees, Records Duplication Expenses, On-the-spot Inspection Expenses, Appraisal Expenses, Witness Travel Expenses, Travel Expenses, Travel Expenses, Guarantee Deposit Fees, etc. necessary to handle the affairs of delegation of payment by the plaintiff (the plaintiff), or after the closure of the lawsuit, the judgment fees, etc. are deposited into the joint account as follows:

① From a judgment amount, the litigation cost paid by Plaintiff (=Plaintiff) shall be preferentially paid.

Article 12 (Specialist Provisions) (4) Until the conclusion of a lawsuit (final judgment), a representative attorney-at-law (Cat-law) shall proceed to a lawsuit exclusively.

B. Accordingly, the Plaintiff filed a lawsuit claiming damages on behalf of the Defendant against the non-party E Co., Ltd., the Seoul Central District Court D.

(hereinafter referred to as “instant damages suit”). C.

Around September 16, 2017, when the Plaintiff’s lawsuit for damages of this case is pending, the Plaintiff notified the Defendant that the representative attorney was changed to F attorney-at-law, and the Defendant terminated the instant delegation contract around September 29, 2017 on the ground of the violation of Article 12(4) of the instant delegation contract.

Meanwhile, in the instant damages lawsuit, the Plaintiff paid 45,348,800 won on behalf of the Defendant, including ① 805,50 won in recognition (payment on October 25, 2016), ② 166,500 won in delivery fees (payment on October 25, 2016), ③ 376,80 won in issuance of a certified copy of the register (payment on January 16, 2017), ④ 44,00,000 won in appraisal expenses (payment on March 6, 2017).

(hereinafter referred to as “the cost of the instant substitute payment”). E.

On October 16, 2017, the Plaintiff sent an official document to the Defendant requesting “to reimburse the instant substitute payment cost by October 20, 2017,” and the Defendant received it around that time.

Grounds for recognition: A.

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