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(영문) 대법원 2014.03.27 2012다40349
손해배상(기)
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. A mandatary shall generally fulfill his/her duty of due care as a good manager according to the terms and conditions of delegation;

In particular, an attorney-at-law delegated by a litigation agent has a duty to protect the rights of the client in good faith based on professional legal knowledge and experience while performing delegated affairs.

The specific scope of delegated affairs shall be determined by the terms of delegation contract between an attorney-at-law and a client, but where a decision in lieu of conciliation has been made in a lawsuit to which the attorney-at-law is delegated with the power of attorney, if there is no special authority to inspect the decision and if there is any disadvantage to the client, the client shall be obligated to specifically explain and advise on the interest in continuing the lawsuit, the possibility of winning

(see, e.g., Supreme Court Decision 2004Da7354, May 14, 2004). In a case where an attorney-at-law loses an opportunity to raise an objection against a decision substituting for conciliation due to a mistake in the above explanation, the client is liable to compensate for damages suffered by the client.

(See Supreme Court Decision 97Da1822 delivered on May 28, 1997). 2. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following facts. A.

On March 27, 2001, the defendant, on behalf of the plaintiff, filed a lawsuit claiming for divorce and consolation money of KRW 50 million with the Seoul Family Court 2001Dhap3641, excluding division of property, on behalf of the plaintiff, and against this, D filed a counterclaim claiming divorce and consolation money of KRW 50 million.

B. Meanwhile, in addition to the above case, the Plaintiff delegated the U.S. attorney G, and filed a lawsuit against D on June 8, 2001, such as divorce, with the California L&C court of California.

(c)...

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