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(영문) 서울남부지방법원 2016.11.10 2016나53607

부당이득금

Text

1. The first instance judgment against the defendant shall be revoked;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3. The total cost of the lawsuit.

Reasons

1. We examine the legality of the instant lawsuit ex officio.

Along with the fact that it is the Plaintiff, a Russia Corporation, filed the instant lawsuit in the capacity of the Plaintiff as the Plaintiff’s legal representative.

However, in full view of the following circumstances that can be recognized by the records of this case, i.e., the documents proving the Plaintiff’s legal personality did not appear in the name of the representative, and thus, it is impossible to find the F as the representative of the Plaintiff’s legal entity, and ii) that the Plaintiff attached the certificate of authority of diplomats in the Republic of Korea stationed in Russia or Russia and submitted it along with the certificate of authority of a notary public in the Republic of Korea, and did not submit it with the certificate of authority of a notary public in the signature verification, it is difficult to view that the certificate of authority of attorney submitted by Rus

2. If so, the lawsuit of this case is instituted by an attorney with lack of power of representation, and thus, it is unlawful, and thus, it shall be dismissed. The judgment of the court of first instance against the defendant is unfair with different conclusions, and it is so decided as per Disposition by the assent of all to revoke the plaintiff's lawsuit and dismiss the whole lawsuit against the defendant.