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(영문) 인천지방법원 2014.08.22 2014가단26193
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff had a claim amounting to KRW 346,59,000 for the purchase price of the goods against the Plaintiff, Inc. (the trade name before the change: the limited Steel Co., Ltd.). However, on November 13, 2012, the registration of the decision on voluntary commencement of auction was completed and the auction procedure was commenced on November 13, 2012.

B. On December 10, 2012, the Plaintiff consulted with the Defendant, a certified judicial scrivener, and subsequently delegated all the collection procedures to recover the above goods price claim during the above auction procedure, such as an application for provisional attachment and an application for distribution of dividends on the said real estate.

C. On December 11, 2012, the Defendant filed an application for provisional seizure on the instant real estate and rendered a decision of provisional seizure on December 13, 2012 at the Incheon District Court on the said real estate. Accordingly, according to the purport delegated by the Plaintiff, the Defendant did not make a demand for distribution within the date of the completion period to demand a distribution of the said auction procedure, even though it should report the right to the executing court and demand a distribution within February 28, 2013, which is the completion date to demand a distribution of the said auction procedure, by negligence. Ultimately, the Plaintiff did not receive any distribution in the said distribution procedure

Therefore, the defendant is obligated to pay damages equivalent to KRW 75,882,820, which could have been distributed to the plaintiff if the plaintiff demanded a distribution based on the plaintiff's claim within the deadline for demanding distribution.

2. The key issue of the instant case is whether the Defendant was delegated by the Plaintiff with the reporting of the right to the claim for the price of goods against Gochid Co., Ltd. and the reporting of the collection of the claim for distribution.

In this regard, Article 2 (1) of the Certified Judicial Scriveners Act submits the scope of affairs of a certified judicial scrivener to the court and the public prosecutor's office (paragraph (1)), preparation of documents related to the affairs of the court and the public prosecutor's office (paragraph (2) and preparation of registration and other documents necessary for application for registration (paragraph (3) and proxy of application for registration deposit(paragraph (4)), auction cases under the Civil Execution Act and the National Tax Collection Act

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