손해배상 등
1. Of the judgment of the first instance, the part against Defendant C in the judgment is modified as follows.
The plaintiff's lawsuit against the defendant C.
1. As to the part of the underlying facts, the relevant part of the reasoning of the first instance judgment shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
However, the fourth 9 pages of the first instance judgment "A Nos. 1, 5, 6, 8, 10, 13" shall be added to the following "(including the number; hereinafter the same shall apply).
2. Determination as to the defendants' lack of power of attorney among the defenses before the merits
A. Of the pre-existing defenses by the Defendants asserted by the Defendants, the part concerning the jurisdiction and applicable law was withdrawn on the fifth date for pleading ( December 4, 2018) in this Court.
The signature of the representative director stated in each letter of delegation of a lawsuit in the first instance court and the appellate court submitted by the plaintiff is not the signature of the I who was the representative director of the plaintiff at the time.
The Plaintiff’s legal representative conducted the instant lawsuit without the delegation of the lawful delegation authority.
The plaintiff's lawsuit of this case is unlawful as it is filed by a person who has no power of attorney.
B. 1) The determination of the governing law in this case is based on the legal principle that the Plaintiff, a legal entity established under the Indonesia Act, seeks compensation for damages or return of unjust enrichment against the Defendants, who are nationals of the Republic of Korea, and thus, has foreign elements, and the governing law should be determined. 2) The delegation of a lawsuit is an act aimed at the legal effect of the creation of the right of representation in the lawsuit, and “the procedure is governed by the law of suspension.” Thus, the governing law as to whether the Plaintiff’s legal representative has the right of representation in the lawsuit is the law of the Republic of Korea.
C. The following circumstances revealed in the record of the judgment 1, namely, that the delegation of a lawsuit, in which the intent to appoint the Plaintiff’s attorney, was submitted to the first instance court and the appellate court, and that the first person, at the time of the preparation of the delegation of each lawsuit, who was the representative director of the Plaintiff, was the signature on the delegation of each