(영문) 대전지방법원 2018.06.15 2017가단212474

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(영문) 대전지방법원 2018.06.15 2017가단212474

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 8, 2014, the Plaintiff and the Defendant, an attorney-at-law, delegated the agent affairs to the Defendant in the first instance trial without specifying the subject of the case and the subject of the case and the counterpart, but the retainer shall be KRW 2,450,00,00,00,000, and the contingent fees shall be the amount equivalent to 10% of the economic profit accrued therefrom when partial winning the contract (hereinafter “instant agreement,” and accordingly, paid the Defendant the retainer amount of KRW 2,450,00,000 on the same day.

B. The defendant did not file a lawsuit with the plaintiff as a party after concluding the above litigation delegation agreement.

C. On June 2017, the Plaintiff, as the respondent, requested the Defendant to receive the payment of KRW 87,511,020 for the construction cost that the Plaintiff had not received from C as the respondent. The Plaintiff requested the Defendant to perform the delegated affairs of the lawsuit, and three years have passed since the Defendant failed to file the lawsuit and the period of extinctive prescription of the claim for the construction cost was three years, and the Plaintiff filed a petition with the D Association to thoroughly investigate it.

[Ground of recognition] The non-contentious facts, Gap evidence 1, 2, Eul evidence 1, the fact inquiry results against D Association of this Court, the purport of the whole pleadings

2. The Plaintiff asserted that: (a) around December 201, the Plaintiff: (b) performed the construction work upon request from C, the contractor, with respect to “E Corporation” ordered by the Korea Land and Housing Corporation; and (c) performed the construction work upon request from C, the contractor, with respect to “E Corporation”; (d) however, (e) the Plaintiff did not receive KRW 87,51,020 out of the construction cost; (e) delegated the Defendant with a lawsuit seeking the payment of the construction cost to C or F; and (e) the Defendant’s claim for the construction cost expired by the short-term extinctive prescription period of three years; and (e) the Plaintiff’s claim for the construction cost expires due to the lapse of the short-

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