In case where the defendant-appellant of the first instance court presented as the plaintiff's sub-agent in the appellate court, but the party did not raise an objection, the validity of such litigation (affirmative)

Even in cases where an attorney-at-law, who had conducted the litigation on behalf of the defendant in the first instance, appeared as a sub-agent of the plaintiff's lawsuit in the appellate trial, and has made pleadings, if the parties do not raise any objection thereto, such litigation shall take full effect

Article 85 of the Civil Procedure Act, Article 24 of the Attorney-at-Law Act

Supreme Court en banc Decision 72Da1183 Decided May 13, 1975 (Gong1975, 8453)

Seoul Trust Bank, Inc.

5.5.00

Daejeon District Court Decision 89Na4282, 4299 (Counterclaim), May 30, 1990

The appeal is dismissed.

The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff).

According to the reasoning of the judgment of the court below, the court below acknowledged the fact that the plaintiff had lawfully rescinded the sales contract on January 11, 198 after delay in payment and held that the plaintiff would accept the plaintiff's claim for the name of the building. In light of the records and records, the court below's findings of fact and legal judgment are acceptable, such as the theory of lawsuit at the time of original adjudication, and there is no violation of the rules of evidence and there is no error of law by misunderstanding the legal principles. Furthermore, according to the records, even if the first instance court's decision that the attorney-at-law who was an act of acting for the defendant was present as a sub-agent at the second hearing of the court below, and there is a trace of pleading of pleading, even if the parties did not raise any objection, such act of litigation becomes effective in accordance with the Civil Procedure Act (see Supreme Court Decision 72Da1183, May 13, 1975). The defendant's appeal is without merit.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Yong-sung (Presiding Justice)