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(영문) 서울중앙지방법원 2016.12.09 2016나5022
대여금
Text

1. The instant lawsuit between the Plaintiff and Defendant F Co., Ltd. is withdrawn from the appeal by Defendant F Co., Ltd on January 18, 2016.

Reasons

1. The reasoning for the court’s explanation on this part of the underlying facts is as follows: (a) the “date of the closing of argument in this case” under Section 14 of the judgment of the court of first instance shall be amended to “date of the closing of argument in the court of first instance”; and (b) the reasoning for the judgment of the court of first instance / [founded grounds for recognition] No. 9 of the judgment of the court of first instance shall be the same as the corresponding part of the grounds for the judgment of the court of first instance, and

2. First of all, the determination on the legitimacy of the withdrawal of Defendant F’s appeal on January 18, 2016, based on the health records and records, Defendant F’s attorney at the first instance trial on January 18, 2016 can recognize the fact that Defendant F submitted a written withdrawal of the appeal (hereinafter “written withdrawal of the appeal of this case”) with respect to the instant case on January 18, 2016. Thus, Defendant F’s appeal was lawful.

I would like to say.

In regard to this, Defendant F must have a separate mandate to file an appeal after the rendering of a judgment in the first instance. However, according to the records, Defendant F’s attorney at the first instance court submitted the written withdrawal of appeal in this case without having been separately delegated by the attorney at the first instance court, and asserted that it is unlawful. Thus, according to the records, Defendant F’s attorney at the first instance court was authorized to file an appeal; Defendant F’s attorney at the first instance court was authorized to do so as a special authorized matter; Defendant F’s attorney at the first instance court submitted the written withdrawal of appeal in this case to the court of first instance; Defendant F’s attorney at the first instance court at the time of January 18, 2016, which submitted the written withdrawal of appeal in this case; and it can be recognized that the records of this case were at the court of first instance at the time when the written withdrawal of appeal in this case was at the court of first instance. According to the above acknowledged facts, the attorney at the

As such, Defendant F’s assertion that Defendant F’s attorney at the first instance court submitted the written withdrawal of the appeal of this case without any further delegation is without merit.

In addition, the defendant F shall withdraw the appeal of this case.

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