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(영문) 서울고등법원 2015.11.19 2015나9006
손해배상(기)
Text

1. The plaintiff supplementary intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor joining the Plaintiff.

purport.

Reasons

1. Whether the appeal filed by the Plaintiff’s Intervenor is lawful

A. Although the Plaintiff did not file an appeal against the judgment of the first instance court of this case, the Plaintiff’s summary of the Defendant’s assertion filed an appeal against the said judgment by the Plaintiff’s Intervenor. On August 26, 2015, the Plaintiff submitted to this court the “written waiver of right to appeal” to the effect that the Plaintiff waives the right to appeal regarding the appeal filed by the Plaintiff’s Intervenor, and “written reference” to the effect that the Plaintiff’s Intervenor withdraws the appeal filed by the Plaintiff’s Intervenor on September 4, 2015.

However, the plaintiff's assistant intervenor cannot do any act inconsistent with the plaintiff's act, which is the intervenor, and in case where the plaintiff, who is the intervenor, acts against the plaintiff's assistant intervenor's act, the plaintiff's assistant intervenor's act is invalid.

Therefore, the appeal filed by the Plaintiff’s Intervenor in this case is invalid.

B. Determination 1: (a) around September 16, 2013, the Plaintiff’s Intervenor filed a lawsuit against the Defendant to enforce director’s liability pursuant to Article 403(1) and (2) of the Commercial Act; (b) on October 15, 2013, the Plaintiff filed a lawsuit against the Defendant seeking damages due to the Defendant’s violation of laws and regulations, a director pursuant to Article 399(1) of the Commercial Act; (c) the court of first instance rendered a ruling dismissing the Plaintiff’s claim; and (d) only the Plaintiff’s Intervenor filed an appeal against the said ruling; and (e) the Plaintiff submitted the “written waiver of right to appeal” to the competent court to the effect that the Plaintiff renounced the said appeal filed by the Plaintiff’s Intervenor as of August 26, 2015; and (e) the waiver of the Plaintiff’s right to appeal was legitimate; and (e) the said written waiver includes the Plaintiff’s withdrawal of the appeal filed by the Plaintiff’s Intervenor and the Plaintiff’s withdrawal of the appeal.

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