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(영문) 수원지방법원 2018.08.17 2017나16737
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The plaintiff is the largest Arabic of C.

The Plaintiff is running the wholesale and retail business (hereinafter “D”). C filed a lawsuit (hereinafter “related lawsuit”) against E, etc. to seek payment of the price of goods and the cost of construction following the delivery and the completion of the other construction work (hereinafter “related lawsuit”) with respect to the instant business by lending the name of C. The Defendant is an attorney-at-law who performed the lawsuit on behalf of C at the appellate court of the said lawsuit. In the first instance court of the relevant lawsuit, C partly won, but the appellate court dismissed the Plaintiff’s claim on November 10, 2016 by deeming that C’s claim was groundless, and that C’s claim for damages against Defendant 40,000,000 won was transferred from Defendant 40,000,000 won (hereinafter “instant lawsuit”). The foregoing judgment became final and conclusive on March 14, 2017, which became final and conclusive as the Plaintiff’s claim for damages against Defendant 40,000 won (hereinafter “instant claim for damages”).

(C) On April 14, 2017, upon entering into the instant transfer contract, C notified the Defendant of the assignment of the said claim by content-certified mail. On April 24, 2017, after the instant transfer of claim was entered into, the Plaintiff filed the instant lawsuit against the Defendant seeking payment of the transfer amount under the instant transfer contract. [Grounds for recognition] The instant lawsuit was not disputed, A’s 1 through 5, and 11 through 15 (the number of pages may be included; hereinafter the same shall apply).

The Defendant Plaintiff’s assertion that the defense prior to the merits of the entire pleadings was the main purpose of litigation without any cause. The claim of this case from C for the purpose of litigation without any cause.

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