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1. All the principal lawsuit and counterclaim of this case shall be dismissed.
2. Of the costs of lawsuit, Plaintiff Esdielash Co., Ltd.
Reasons
1. On the determination of the legitimacy of the principal lawsuit and the counterclaim in this case (hereinafter “Defendant”) against the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”), the Plaintiff Company Edielash (hereinafter “Plaintiff Edielash”) filed a claim for damages in response to the non-performance of the principal obligation, as a preliminary remedy, and the Plaintiff (Counterclaim Defendant) filed a claim for damages against the Defendant for the remainder of the remainder of the damage claim against the Defendant, and the producer CuPS (hereinafter “Plaintiff AuP”) sought confirmation that the Plaintiff (Counterclaim Defendant) had the obligation to offset the damages claim against the Defendant, and the Defendant filed a claim against the Plaintiff EuPS for the amount of money used and the amount of goods sold as a counterclaim.
Whether or not the parties to a lawsuit have the capacity of parties to the lawsuit shall be subject to ex officio investigation by the court. Accordingly, health class and domestic branch of a corporation shall have no legal personality and shall not be
(See Supreme Court Decision 80Nu495 delivered on October 12, 1982, etc.). However, if the defendant's corporate register, which was attached to the complaint in the main lawsuit and counterclaim in this case, is added to the written evidence No. 3 attached to the complaint in this case, and the whole purport of the pleadings is added to the written evidence No. 3, the defendant's Korea Brazil Co., Ltd. stated as a branch office in Encycopaedia Brita, Inc. in Article 3 of the contract dated Sep. 11, 2013 concluded between the plaintiff Enbalian Co., Ltd. and the defendant, and the name of the defendant's corporate registry is also "Korea Britian Co., Ltd. (business office)". Thus, the defendant is deemed to be a "local branch office of the foreign corporation designated in the Republic of Korea pursuant to Article 614 of the Commercial Act and completed the registration of a branch office in the Republic of Korea by establishing a foreign corporation.
Therefore, the principal lawsuit of this case against a person who has no capacity to be a party, and the counterclaim of this case is a person who has no capacity to be a party.