(영문) 서울중앙지방법원 2017.11.30 2016나76550

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(영문) 서울중앙지방법원 2017.11.30 2016나76550

선임료 반환

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1. Of the judgment of the court of first instance, the Plaintiff against Defendant B, who is equivalent to the following amount ordered to be paid.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5:

On October 11, 2007, the Plaintiff filed a lawsuit against D and E with the Seoul Central District Court No. 2007Gahap88038, 3,882,600,000, and the damages for delayed payment thereof. On June 12, 2008, the Plaintiff extended the claim to seek payment of KRW 4,846,043,154 in the above case and its delayed payment damages.

B. On July 13, 2009, the Plaintiff delegated the agency work of the instant case to Defendant B (hereinafter “instant delegation contract”), and on July 14, 2009, submitted a letter of delegation of a lawsuit to appoint Defendant B as the attorney of the instant case, and on July 14, 2009, Defendant C and attorney C, G, H, I, I, and J submitted a letter of designation of the attorney-at-law to be in charge of the instant case.

C. On August 20, 2009, Defendant B submitted a legal representation report to the effect that he/she resigned from the legal representation of the Plaintiff in the above case.

2. The parties' assertion

A. On July 12, 2009, the Plaintiff believed that Defendant C would object to a trial. On July 13, 2009, the Plaintiff concluded the instant delegation contract with Defendant B Law Firm to which Defendant C belongs and Seoul Central District Court on the instant case, and paid KRW 10,500,000 to the Defendants on the same day.

However, Defendant C, while avoiding the Plaintiff’s review and the Plaintiff’s request for the answer to the above case, told the Plaintiff to resign from the legal representative of the above case by going to go back at the preparatory date for pleading as of August 21, 2009, and Defendant C submitted the legal representative report on August 20, 2009.

Therefore, the defendants are jointly and severally liable to the plaintiff 10,500.

유사 판례

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