대여금
1. The judgment of the court of first instance, including the main claim that was reduced in the trial, shall be modified as follows:
Any counterclaim filed in the principal lawsuit and the trial court shall also be deemed to be a counterclaim.
1. Basic facts
A. The Defendant (former name: C) is one male and female between the Plaintiff and the deceased E (Death on June 2, 2015).
B. The Defendant written in the Defendant’s pocket book the phrase “from October 2009, the amount of KRW 80,000,000,000, which was lent to Doma on September 26, 2009, to Doma for the interest and the employee’s food cost, each of which is KRW 1,50,000 per month from March 3, 2010.”
[Reasons for Recognition] Facts without dispute. The defendant, in the first place, stated Gap evidence No. 1, denied the authenticity of Gap evidence No. 1, but at the third day for pleading of the trial, the defendant prepared the part (referring to the above part) stating "from the above part to Sep. 26, 2009" as "the intermediate part from Sep. 26, 2009" until the third day for pleading No. 1, and the following part is prepared by the plaintiff.
“The statement was made.”
In addition, during the date for preparatory pleading of the second trial of the party, the fact that Gap evidence No. 1 was part of the defendant's pocket book was organized as a non-contentious fact between the parties;
The purport of all pleadings
2. Determination on the legitimacy of the appeal
A. The Plaintiff’s appeal by the Defendant is unlawful, since the Plaintiff’s assertion is an appeal filed by F, not an attorney-at-law, and there is no room for ratification as the period of appeal expires.
B. In light of the determination, Article 87 of the Civil Procedure Act declares the principle of so-called attorney-at-law representation by stipulating that “other than an attorney-at-law who is entitled to conduct a judicial act in accordance with the law, he/she shall not become an attorney-at-law.”
(Supreme Court Decision 2010Da108104 Decided October 25, 2012, etc.). However, the petition of appeal filed by the Defendant on April 25, 2016, which was within the filing period, states that “the appellant Defendant” is included in the petition of appeal, and the Defendant’s seal is affixed thereto, and the said petition of appeal submits “the delegating Defendant shall delegate the submission of the petition of appeal to F.”