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(영문) 서울중앙지방법원 2020.01.15 2019나30166
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

Defendant C shall pay to the Plaintiff KRW 3,000,000 and that on September 2, 2017.

Reasons

1. In the first instance court, the Plaintiff sought payment of KRW 33,300,100 in total, including the amount of KRW 20,000,000 for property damage caused by a default or tort, KRW 10,000 for consolation money, and KRW 33,300,100 for unjust enrichment. The first instance court dismissed both the claim for damages on property and the claim for restitution of unjust enrichment among them, and partly accepted only KRW 10,000 for consolation money.

However, the defendants only appealed against the cited part of the claim for consolation money, so the subject of the judgment of this court is only the part of claim for consolation money.

2. Basic facts

A. Around 2014, D filed a lawsuit against the Plaintiff seeking the payment of the settlement amount with the Seoul Northern District Court. Accordingly, the Plaintiff filed a counterclaim against D seeking the return of the loan.

[Seoul Northern District Court E (Main Office), F (Counterclaim)]. (b)

On October 20, 2016, the appellate court rendered a judgment to the effect that "D shall pay to the Plaintiff 12 million won and damages for delay," on October 20, 2016, the plaintiff's principal claim was dismissed, and the plaintiff's counterclaim was accepted, and D filed an appeal (Seoul High Court G (principal claim) and H (Counterclaim).

(hereinafter) The above lawsuit of the first instance court is "the first instance court lawsuit", "the first instance court lawsuit", "the first instance court lawsuit", and "the two cases".

At the time of the preceding lawsuit, the Plaintiff entered into a delegation contract with Defendant C Law Firm (hereinafter “Defendant Law Firm”). Defendant C, the representative of Defendant Law Firm, was designated as an attorney in charge and performed the preceding lawsuit.

On November 7, 2016, Defendant C submitted a petition of appeal to the court of a prior appellate trial, and submitted the written amendment on November 9, 2016 according to the above court’s order of correction (a stamp, delivery charge).

E. Accordingly, the Supreme Court’s notice of receipt of the record of final appeal is served on the Plaintiff in the final appeal litigation proceeding (Supreme Court I).

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