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(영문) 서울중앙지방법원 2017.06.05 2016나61596
구상금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff is a law firm (LLC) B (hereinafter “instant law firm”).

(2) On June 3, 2014, the Defendant is an affiliated attorney-at-law and the insured is an attorney-at-law specialized liability insurance contract (hereinafter “instant insurance contract”) between the instant law firm and the Defendant.

(2) The instant insurance accident is the insurer that entered into a contract. (2) The instant insurance accident is a legal liability for a third party due to the failure to perform professional legal services for a third party by the instant law firm or its affiliated attorneys, and the insurance period is from June 1, 2014 to June 1, 2015. However, with respect to certain attorneys belonging to the instant law firm, including the Plaintiff, the insurance period is from November 20, 2008 to June 1, 2015 by applying the retroactive application thereof.

B. 1) The instant law firm concluded a delegation contract with C which was prosecuted for the breach of trust by the Seoul Eastern District Court 2012 high-class 2392, and was appointed as a counsel for the said criminal case. On February 17, 2014, C was convicted by the Seoul East Eastern District Court, and appealed against the said judgment and appealed with Seoul East Eastern District Court 2014No273. The instant law firm was also appointed as a counsel for C, and the Plaintiff was designated as the Plaintiff.

The appellate court rendered a decision dismissing an appeal on the grounds that the appellate court did not submit the appellate brief within the deadline for submission of the appellate brief, and the immediate appeal filed by C was dismissed.

C. 1 The first subsequent thereto, C failed to comply with the deadline for submission of the grounds of appeal in violation of the duty of due care of a good manager borne by the Plaintiff as an authorized person, and accordingly C asserted the grounds for appeal in the above appellate trial and received judgment from the appellate court.

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