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(영문) 대법원 2011.03.10 2010다64105
손해배상(기)
Text

The plaintiff's appeal against the claim for consolation money of KRW 100,000,000 and property damage of KRW 15,000,000 is made.

Reasons

The grounds of appeal are examined.

1. According to the records and reasoning of the judgment below as to the claim for consolation money of KRW 100,00,000 and property damage of KRW 87,311,000 and KRW 15,000,000, the plaintiff sought payment of damages at the rate of KRW 439,000 per day from January 2, 2008 to re-registration of the bus of this case, and revised the claim at the first instance court and the original instance court for several times, and finally, the court below determined that "the damages equivalent to KRW 87,31,00,00, which are claims for provisional attachment due to the cancellation of provisional attachment on the bus of this case, amount of KRW 15,00,000 and KRW 15,000,000, KRW 100,000,000, KRW 100,000, KRW 100,000 and KRW 301,00,00,00 for the above bus of this case.

Therefore, the above damages and damages of KRW 87,31,00 and KRW 15,000,000 cannot be deemed to have been omitted in the trial. The plaintiff's appeal on this part cannot be dismissed as it did not exist in the judgment that became the object of appeal, and thus, it is unlawful to avoid dismissal.

2. Examining the record as to the assertion of defects in the powers of attorney, following the institution of the instant lawsuit, the submission of a letter of delegation in the name of the Plaintiff that the attorney-at-law is appointed as the attorney-at-law in the first instance court, the Plaintiff appeared at the date of pleading in the first instance court, and stated the preparatory documents prepared and submitted by the attorney-at-law C. On the date of pleading in the second instance court, the fact that the attorney-at-law appeared

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