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(영문) 서울동부지방법원 2017.08.23 2016나27995
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. (1) AC Mutual Aid Association (hereinafter “Mutual Aid Association”) was engaged in the operation of long-term mutual aid savings savings, installment savings, or cash consignment goods, etc. as its members with I and his/her family members, and as a result, J, an executive officer of the Mutual Aid Association, was indicted for violating the Act on the Regulation of Conducting Fund-Raising Activities and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and was sentenced to imprisonment for a limited term of 20 years by the court of first instance on February 20, 2013.

(C) The Plaintiff, D, E, etc. (hereinafter “Plaintiff, etc.”) led the Plaintiff, D, and E (hereinafter “Plaintiff, etc.”) to bring a lawsuit against the Republic of Korea, and the Plaintiff, D, and E (hereinafter “Plaintiff, etc.”) sent 307 of the Mutual-Aid Association members to the Plaintiff, etc. according to the public notice, “The Plaintiff, etc., wishes to delegate the lawsuit to the Defendant who is an attorney-at-law, and the Plaintiff, etc., sent necessary documents and expenses.”

(3) On March 2014, the Plaintiff et al. concluded a contract for the delegation of a lawsuit with respect to the first instance court on the claim for damages against the Republic of Korea between the Defendant, a lawyer, as well as D’s high school, as follows.

Article 1 [Purpose] The plaintiff, etc. shall delegate the handling of the above case to the defendant on behalf of the mandators in the annexed list, and the defendant shall accept it.

Plaintiff

The plaintiff, etc. may delegate or transfer the authority of the plaintiff, etc. to the delegating participating in the lawsuit at any time, and shall obtain prior consent from the defendant therefor.

Article 4 (Mandatary's Duties) The defendant shall be a lawyer on the basis of the rights and obligations prescribed by Acts and subordinate statutes.

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