(영문) 인천지방법원 2021.01.13 2019나6218 | 리걸엔진

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(영문) 인천지방법원 2021.01.13 2019나6218

손해배상(기)

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1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid additionally shall be revoked.

Reasons

1. On August 10, 2015, the Plaintiff, an attorney-at-law, delegated the Defendant, who is an attorney-at-law, to file a claim for damages against a real estate broker, etc., and paid KRW 3,000,000 at the same time.

The Defendant did not receive a complaint for damages against real estate brokers, etc. delegated by the Plaintiff even after two years and six months have passed since the date of delegation by the Plaintiff, and did not inform the Plaintiff of the specific progress of the case delegated to the Plaintiff.

On November 23, 2017, the Plaintiff requested the Defendant to refund the fees, but the Defendant did not comply therewith.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant did not handle the affairs under the delegation contract and caused damages to the plaintiff who requested the plaintiff to institute a lawsuit for damages and proceed with the lawsuit by seriously violating the duty of good faith as an attorney. Thus, if the plaintiff filed a lawsuit for damages with the plaintiff's delegation due to the non-performance of obligation or tort, and if the defendant filed a lawsuit for damages with the plaintiff, he is obligated to compensate for property damage equivalent to KRW 20,000,000 of the lease deposit that the plaintiff could have received as a result of the lawsuit, and as the plaintiff suffered mental suffering, he is obligated to pay consolation money of KRW 6,00,000 (the plaintiff mentioned only the defendant's tort in the complaint, but it is argued that the plaintiff's claim for damages and tort due to the non-performance of obligation is asserted in the grounds of appeal). (b) The person liable to establish the liability for damages must fulfill the duty of due care of a good manager according to the terms of delegation, and in particular, an attorney entrusted with the legal affairs can accept the case based on professional knowledge and experience.

유사 판례

-인천지방법원 2021.01.13 2019나6218

-서울동부지방법원 2019.04.24 2018나29209

-서울남부지방법원 2017.12.08 2017나58678

-서울서부지방법원 2014.09.26 2013가단43522

-서울중앙지방법원 2016.10.31 2016나40292