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(영문) 서울동부지방법원 2016.11.11 2016가단5888
손해배상(기)
Text

1. The Defendant’s KRW 5 million and the Plaintiff’s 5% per annum from February 26, 2016 to November 11, 2016.

Reasons

1. Basic facts

A. In order to raise a lawsuit against the Republic of Korea among the members of the C-Aid Association (hereinafter “Mutual Aid Association”), the Plaintiff, D, and E (hereinafter “Plaintiff, etc.”) led by the Plaintiff, the member, and the Plaintiff, etc. to delegate the lawsuit to the Defendant, who is an attorney-at-law, the member seeking to participate, sent documents and expenses necessary for the lawsuit to the Defendant, which is an attorney-at-law. As such, 307 members of the C-Aid Association sent documents and expenses, such as a certified copy or abstract of resident registration, to the Plaintiff, D, etc. according to the public announcement.

B. Around March 2014, the Plaintiff et al. entered into a contract with the Defendant (1946 students) who had been working as a lawyer at a high school of D and the Defendant (1946 students) regarding the first instance court of the damages claim case against Korea. The relevant content of the contract entered into at the time is as follows.

Article 1 [Purpose] The plaintiff, etc. shall delegate the handling of the above case to the defendant on behalf of the mandators in the annexed list, and the defendant shall accept it.

Plaintiff

The plaintiff, etc. may delegate or transfer the authority of the plaintiff, etc. to the delegating participating in the lawsuit at any time, and shall obtain prior consent from the defendant therefor.

Article 4 [Mandatary's Duties] The defendant shall manage the affairs entrusted to him/her according to the terms and conditions of delegation, based on the rights and duties prescribed by Acts and subordinate statutes as attorneys-at-law.

The defendant shall consult with the plaintiff, etc. on major matters and endeavor to perform delegated affairs while accepting the opinions of the plaintiff, etc.

Article 5 (Advanced Remuneration) (1) The plaintiff, etc. shall pay 100,000 won per 1 participant in the lawsuit (excluding value-added tax) to the defendant as the retainer fee, and the payment schedule shall be separately consulted between the defendant and the plaintiff, etc.

[Bearing of Expenses] Article 8 [Bearing of Expenses] The service charges, appraisal fees, prepayment fees, deposit money, animal feed, travel expenses, and other necessary actual expenses necessary for the defendant to handle delegated affairs. The plaintiff, etc. shall be 500.

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