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(영문) 서울북부지방법원 2018.05.31 2018나75
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 15, 2013, D filed a lawsuit seeking a joint and several payment of KRW 150,000,000,000 lent to the Plaintiff, Appointor and E by the District Court 2013Gahap8349, and the Plaintiff and Appointor appointed the Defendant, an attorney-at-law, around February 2014, during the first instance trial, as the attorney of the instant case.

(hereinafter referred to as "relevant civil cases"). (b)

On September 18, 2014, the court of first instance rendered a judgment that "E shall pay D 150,000,000 won and delay damages therefor, and both the plaintiff and the designated parties shall jointly and severally pay D 146,737,50 won and delay damages therefor."

C. The Plaintiff and the appointed party requested the Defendant to file an appeal against the above judgment of the first instance and to act as a representative for the appellate court. The Defendant submitted a petition of appeal on October 14, 2015, which was limited to October 13, 2014, the expiration date of the appeal period, on October 13, 2015.

On November 3, 2014, the court of first instance issued an order to dismiss the petition of appeal on the grounds that the above appeal was filed with the lapse of the period. On February 10, 2015, the Plaintiff and the designated parties filed an appeal against the above order to dismiss the petition of appeal, but on February 10, 2015, the above appeal was dismissed by Seoul High Court 2014Ra20572, and the above judgment of the first instance against the Plaintiff and the designated parties became final and conclusive on October 14, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if there is a tentative number, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 to 202, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the plaintiff and the designated person by submitting a petition of appeal, even though the defendant, who was delegated by the plaintiff and the designated person with the representation of the first instance court in the relevant civil case, was requested by the plaintiff and the designated person to clearly file an appeal and represent the appellate court after the pronouncement of the judgment of the first instance.

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