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(영문) 전주지방법원 2016.07.26 2015가단28663
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is one of the co-inheritors of the non-party E (hereinafter "the deceased"), and the defendant B is the attorney-at-law, the defendant C, D, and the non-party F are the employees of the defendant B.

B. On September 16, 2013, the Deceased died, and Nonparty G, the Plaintiff’s mother and the wife of the Deceased, transferred KRW 500,000 to Defendant B’s account after consultation with Defendant C, D, and the said F reported inheritance recognition by Jeonju District Court 2013D839 on behalf of G, and the said court rendered a judgment to accept the said report on February 25, 2014.

C. On the other hand, on April 16, 2014, the Plaintiff filed a request for a judgment of limited acceptance by inheritance with the Jeonju District Court Decision 2014Ra315, but the reporting period has expired, the said request for a judgment was dismissed, and the said decision of rejection became final and conclusive on the grounds that the appeal was dismissed.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8, purport of whole pleading

2. The plaintiff's assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff, as his agent, delegated the Plaintiff’s inheritance limited approval business with Defendant C, Defendant D, and F at the same time. However, in handling the inheritance limited approval business through the above F, the Defendants deprived the Plaintiff of the opportunity for the Plaintiff to make a limited inheritance within the reporting period due to the omission of the Plaintiff and the mistake in handling the said G’s business only, and eventually, the Plaintiff could no longer make a limited inheritance due to the lapse of the reporting period. Accordingly, the Plaintiff suffered property damage of KRW 86,800, the Plaintiff’s inheritance liability of KRW 125,723,789 due to simple inheritance, and mental damage equivalent to KRW 10,00,00,00.

3. Accordingly, Defendant B is a person who violated the delegated affairs and, as the principal, Defendant C and D are responsible for handling the affairs by negligence, Defendant B is the rest of the Defendants or the users of F.

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