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(영문) 서울중앙지방법원 2016.05.03 2015나52809
손해배상(기)
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. On January 2012, the Plaintiff appointed Defendant Law Firm as a legal representative and concluded a delegation contract with Nonparty C to delegate all the procedural acts regarding the application case of provisional attachment and the case on the merits to Nonparty C.

On the other hand, Defendant B was an attorney of the instant delegation contract.

B. As the Plaintiff’s legal representative, the Defendant Law Firm filed an application for provisional seizure of real estate indicated in the separate sheet (hereinafter “provisional seizure of this case”) with the amount of KRW 126,143,00,000 as agreed upon against C, and received a decision of provisional seizure on September 21, 2012.

(Seoul Central District Court 2012Kadan3828). (c)

Around January 3, 2013, Defendant Law Firm filed a lawsuit seeking payment of the agreed amount of KRW 126,143,000 and delay damages against C as the Plaintiff’s attorney.

(Seoul Central District Court 2013Gahap500232). D.

On August 22, 2013, in the above contract amount lawsuit, the following decision was made to recommend reconciliation (hereinafter the decision to recommend reconciliation in this case). The decision to recommend reconciliation in this case was made, and the two parties did not raise any objection, which became final and conclusive around that time.

1. C pays KRW 60,00,000 to the Plaintiff by September 30, 2013. At the same time, the Plaintiff shall receive the said money from C, and simultaneously implement the procedures for the withdrawal and enforcement of the application for provisional seizure of this case.

2. Where C does not perform its obligation to pay the amount set forth in paragraph 1, 126,143,00 won and damages for delay calculated by adding 5% per annum from July 1, 2012 to March 7, 2013, and 20% per annum from the following day to the date of full payment.

3. The plaintiff's remaining claims shall be waived.

4. The costs of lawsuit shall be borne by each person;

E. C did not pay KRW 60,000,000 to the Plaintiff by September 30, 2013, and the Plaintiff did not file an application for the withdrawal or cancellation of enforcement of the instant provisional attachment application.

(f).

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