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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 November 22, 2013, A and B delegated a lawsuit against D Co., Ltd. (hereinafter “Nonindicted Company”) with respect to the claim for damages (i) filed against D Co., Ltd. (hereinafter “Nonindicted Company”) to the Defendant, who is a law firm-affiliated attorney of Busan District Court E.
B. A and B shall receive an agreed amount of KRW 320,000,000 from Nonparty Company, and withdrawn the said lawsuit on July 10, 2014. The instant case was final and conclusive on July 31, 2014.
Since then, the defendant delivered 320,000,000 won received from the non-party company under the above agreement to the type G of A, and the agreement signed on July 10, 2014 at the time of the above agreement was signed and sealed respectively on the name of A and B, and received the above amount. The representatives of A and B receive the above amount.
G. When a dispute arises between families, the principal is responsible.
The term "" is written as "."
C. A died on November 4, 2019, during which the instant lawsuit was pending, and his mother, who is an inheritor, took over the lawsuit.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. The defendant, who is the cause of the claim, delivered 320,000,000 won which was received and kept from the non-party company to the non-party company, to the non-party company, and the plaintiff did not pay it to the plaintiff. Since the defendant, an attorney-at-law, violated the duty of due care of a good manager, is liable to compensate for the damages equivalent to the above amount
Thus, the defendant is obligated to pay the plaintiff as the inheritor of A KRW 100,000,000, which is a part of the above money, and the delay damages therefor.
B. The Defendant asserts that G received the above money from the Defendant upon delegation from the Defendant for the receipt of the agreed money. The evidence submitted by the Plaintiff alone is insufficient to recognize that G received the agreed money from the Defendant without being delegated by G from A, and if there are circumstances, the Defendant did not make a statement on the grant of the agreed money with A as a mandatory manager.