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(영문) 서울중앙지방법원 2017.04.20 2015가합26509

보수금

Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the portion arising from the attorney’s representation in the lawsuit shall be D and the remainder shall be D.

Reasons

1. Confirmation of a legitimate defendant¡¯s attorney;

A. As to the instant case where the Plaintiff’s assertion against the Defendant, an incorporated association, and the necessity of its confirmation, sought remuneration for the delegation of a lawsuit against the Defendant, an attorney-at-law, on March 25, 2016, asserted that the Defendant’s representative was D and was delegated the instant litigation agent from the Defendant on the same day. On May 2016, the Defendant asserted that the Defendant’s representative was F, and around that time, the Defendant delegated the instant litigation agent to the law firm G, but then changed the law firm G to E around February 2017.

In this case, the defendant's legitimate legal representative becomes final and conclusive depending on who is the defendant's legal representative.

The defendant's representative is confirmed and the defendant's legal representative is examined ex officio.

B. Fact 1) On October 21, 2015, the Plaintiff filed an objection against the Defendant’s legal representative by stating his representative as H on October 21, 2015, and H filed an objection by stating the Defendant’s “representative director” as the Defendant’s “representative director” on November 23, 2015.

B) On March 25, 2016, an attorney-at-law accepted the Defendant’s representative director as D and filed an application for correction of the party indication with the Defendant’s representative director as D on March 29, 2016, asserting that the Defendant’s representative was D and filed an application for correction of the Defendant’s representative director as D from H on March 29, 2016. (C) A law firm accepted the Defendant’s representative director as F and submitted an application for correction of the party indication, asserting that the Defendant’s representative was F and the Defendant’s representative was F, and submitted an application for correction of the Defendant’s representative’s representative as F from the Defendant’s representative D to the director’s F on May 10, 2016. After D, law firm G was replaced to E on March 7, 2017, and in this case, attorneys C, G, and E on the date of pleading respectively.