logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.10.23 2018나5178
대여금등
Text

1. The appellant C shall dismiss the appeal;

2. Of the judgment of the first instance, the payment order exceeds the following amount.

Reasons

1. Basic facts

A. On September 24, 2013, the Plaintiff entered into an employment contract with the Defendant. From that time, the Defendant was working at the place of business located “E” (hereinafter “E”) located in the Hanam-si (hereinafter “E”) in which the Defendant actually operated. On May 2016, the Plaintiff retired from employment to H (hereinafter “H”).

B. A representative under H’s name is a selected person, and a person operating a company and employing the Plaintiff is the Defendant.

C. From May 2016, the Plaintiff served in H around September 30, 2016 and retired from the office around September 30, 2016.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Determination as to the legitimacy of an appeal filed by the designated party C

(a) Many persons who have a common interest may select the appointed parties for all of them in accordance with Article 53 of the Civil Procedure Act, and such appointed parties may conduct all of the procedural acts on behalf of the appointed parties until the completion of the lawsuit in question, unless there is any special agreement among the parties who have been duly authorized to perform the litigation from the appointed parties.

(1) In a case where a lawsuit against the appointed party is withdrawn or a judgment becomes final and conclusive, the appointed party becomes disqualified as a matter of course. In a case where a joint interest relationship is terminated due to a final and conclusive judgment, the appointed party becomes disqualified as a matter of course.

(2) In light of the above legal principles, the defendant filed an appeal in the position of the designated party, and the lawsuit against the defendant, who is the designated party, cannot be deemed to have been withdrawn or finalized. Thus, the defendant's appeal is effective until the designated party completes the lawsuit in this case. Thus, the designated party is also deemed to be the appellant, and the designated party is also deemed to be the appellant.

(b).

arrow