1. The plaintiff A's lawsuit against the defendants is dismissed in entirety.

2. All claims filed against the Defendants by Plaintiffs B, C, and D.

1. As to the plaintiff A's lawsuit against the defendants

A. As the wife of the Deceased L (hereinafter “the deceased”), the Defendants asserted that the deceased lent money to Defendant E, and that Defendant F and M (other Defendants than Defendant E and F shall be co-inheritors) jointly and severally guaranteed the above obligation, and asserted that the Defendants sought the payment of the principal and interest of the loan against the Defendants. The Defendants asserted that the instant lawsuit was unlawful since the Plaintiff did not have granted the power of representation to the attorney of the Plaintiff, on the grounds that the Plaintiff did not have granted the power of representation of the instant lawsuit to the attorney of the Plaintiff.

B. (1) Article 89(1) of the Civil Procedure Act provides that “The power of attorney shall be attested in writing,” and Article 89(2) of the same Act provides that “Where the document under paragraph (1) is a private document, the court may order the attorney to obtain authentication from a notary public or any other person engaged in notarial business.”

In addition, the existence of the power of attorney shall be subject to ex officio investigation by the court, and if the power of attorney is a private document, whether or not the court orders certification of the power of attorney shall belong to the discretion of the court. However, if the other party is disputed and there is no obvious evidence that the power of attorney is authentic on the records, the court shall investigate whether or not the power of attorney is defective, such as ordering certification of the power of attorney or reviewing whether or not the power of attorney is properly delegated.

(See Supreme Court Order 97Ma1574 delivered on September 22, 1997, etc.). Thus, in a case where a person who files a lawsuit or an appeal as an attorney fails to prove his/her power of representation in spite of the court’s order of authentication, the court shall dismiss the lawsuit or appeal on the ground that it is illegal to have been filed by a person who has no power of attorney.