손해배상(기)
1. The part of the judgment of the court below against Plaintiff DK is reversed, and the judgment of the court of first instance on this part is revoked.
This part of the lawsuit.
1. We examine the plaintiff DK ex officio.
According to the records, Plaintiff DK may know the death of November 9, 2002. Thus, the lawsuit filed after the death is unlawful, and the lawsuit filed after the death is filed in the name of Plaintiff DK, and it is not permissible for the heir to file a request for correction of the indication of the party or to file a request for continuation of
Therefore, the first instance court and the lower court erred in determining that Plaintiff DK’s lawsuit was filed on the merits.
2. We examine the grounds of appeal by the plaintiff BB and BC, which is the request for taking over the lawsuit by the plaintiff BA.
(2) The grounds of appeal are examined to the extent of supplement in case of supplemental appellate brief filed after the deadline. (3)
Even if a party dies, the attorney’s power of attorney is not extinguished (Article 95 subparag. 1 of the Civil Procedure Act). In a case where a party entrusted the litigation to the attorney and died before the lawsuit was brought, and the party was aware of the death of the party and filed a lawsuit by indicating the party as the plaintiff, the institution of such lawsuit is lawful, and the effect of the lawsuit, such as interruption of prescription, belongs
In such cases, the inheritor of a deceased person who is applied mutatis mutandis under Article 233(1) of the Civil Procedure Act shall take over the proceedings.
On the other hand, where a party dies but there is an attorney, the litigation procedure shall not be interrupted (Article 238 and Article 233(1) of the Civil Procedure Act), and the attorney shall conduct the litigation for all of the successors, and the judgment shall be effective against all of the successors.
(See Supreme Court Decision 94Da54160 delivered on September 26, 1995, etc.). In this case, when an original copy of the judgment is served on the attorney in accordance with the principle of representation at the court level, the litigation procedure is interrupted, and thus, the appeal is in principle instituted following the procedure of taking over the lawsuit.
However, if the legal representative of the first instance court files an appeal due to the special right to receive the appeal, the proceedings will be conducted from the time of the appeal.