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(영문) 울산지방법원 2004.12.09 2004나2779
용역비반환
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the plaintiff.

Purport of claim and appeal

1..

Reasons

1. The plaintiff's assertion that around 192, the plaintiff was indicted for attempted or failed fraud, and the defendant was appointed as a defense counsel in order to obtain a judgment of not guilty after being tried as C in the Busan District Court's Busan District Court's Ulsan Branch. Since the defendant failed to faithfully perform his/her oral proceedings, it constitutes the defendant's non-performance of his/her obligation and thereby, the plaintiff suffered damages equivalent to KRW 1,500,000 of the attorney's fee paid to the defendant. Thus, the defendant is obligated to compensate the above damages to the plaintiff.

2. We examine the judgment, the facts that the defendant was appointed as a defense counsel from the above criminal case and testified for the plaintiff, the facts that the plaintiff was sentenced to imprisonment with prison labor for 10 months in the above criminal case on April 14, 192, and the fact that the plaintiff was sentenced to a suspended sentence of 2 years may not be disputed between the parties or may be acknowledged by the statement of Gap evidence, but the criminal counsel appointment contract shall be deemed to be a delegation contract to the attorney in the criminal case. Thus, if the attorney-at-law is to bear the responsibility for damages due to non-performance of his/her duty of care as a good manager, if the attorney-at-law is to bear the responsibility for damages due to non-performance of obligation, the fact that the plaintiff was sentenced to a conviction is insufficient to recognize that the defendant violated such duty of care, and there is no other evidence to

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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