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(영문) 대전지방법원 2016.12.01 2016나103864
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

Basic Facts

On March 21, 2008, the Plaintiff is a non-corporate group established for the purpose of promoting the development and welfare of villages through a profit-making business utilizing the C Special Project Costs supported by the Act on Assistance to Electric Power Plants Environs, and for the purpose of harmony among residents, the Plaintiff is engaged in oiling sales business, agricultural products sales business, and other special products sales business.

The defendant is a person appointed as a special representative of the plaintiff and performed the lawsuit on behalf of the plaintiff in the lawsuit between G and the plaintiff as follows.

On April 2, 2009, the Plaintiff entered into an entrustment contract between the Plaintiff and G with the Defendant on the commission of the H gas station directly operated by the Plaintiff (hereinafter “instant gas station”) and entered into an entrustment management agreement with each of the terms of contract as KRW 1 year, KRW 30,000,00, and monthly consignment management fees of KRW 800,000 (hereinafter “instant entrustment contract”). At that time, the Plaintiff transferred the instant gas station to G.

On April 19, 2010, G filed a lawsuit against the Plaintiff seeking payment of KRW 30,00,000 of the instant consignment contract deposit, construction cost of gas station facilities, KRW 9,176,00 of the instant consignment contract, KRW 58,162,373 of the damages, and KRW 97,338,373 of the damages.

(B) On March 15, 2010, G applied for provisional attachment on the building and the site of the instant gas station owned by the Plaintiff, with the amount claimed as KRW 81,483,466, totaling KRW 30,000,000, totaling KRW 7,860,000, totaling KRW 43,623,466, and KRW 81,483,466, as the instant consignment contract amounting to KRW 30,00,000,000.

(hereinafter “instant provisional attachment order”). On the other hand, the previous case was pending on the other hand, 2010.

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