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(영문) 대법원 2020.02.13 2019다17065
임대차보증금
Text

The appeal shall be dismissed.

The costs of appeal are assessed against the defendant (Plaintiffs for retrial).

Reasons

Ex officio, we examine the legitimacy of the instant appeal.

The scope of power of attorney is, in principle, limited to the relevant tier, but if an attorney has been separately authorized to file an appeal, the authority and duty to submit an appeal, barring any special circumstances, so the attorney may correct it, and the presiding judge of the original instance may also order the attorney to correct the stamps, if there is any defect in not attached to the petition of appeal.

(Supreme Court Order 2013Ma670 Decided July 31, 2013. According to the records, the attorney of the lower court (Plaintiffs) served the original judgment on May 24, 2019, and the defendant (Plaintiffs) filed an appeal against the lower judgment on May 27, 2019; the lower court refused to comply with the order of the final appeal recognition and service charges to the attorney of the lower court (Plaintiffs) who received special authorization for filing an appeal; however, the lower court ordered the Defendant (Plaintiffs) to dismiss the petition of final appeal on the ground that the Defendant (Plaintiffs) did not correct the stamp within the period for correction as of June 12, 2019. This order was served on the attorney of the lower court on June 14, 2019 (Plaintiffs), while the Defendant (Plaintiffs) submitted the subsequent appeal to the lower court on June 13, 2019, the fact that the Defendant (Plaintiffs) submitted the subsequent appeal to the lower court on June 13, 20199.

Examining the above facts in light of the legal principles as seen earlier, since Defendant (Re-Appellant) delegated the lower court’s lawsuit to the attorney, the presiding judge’s order to recognize and correct the petition of appeal filed by Defendant (Re-Appellant) to the attorney of the Defendant (Re-Appellant) and dismissed the petition of appeal on the ground that it did not comply with the order to correct recognition.

On the other hand, the defendant (the plaintiff) is served with the stamp of the corrective order as the grounds of appeal on the appellate brief submitted to the court below along with the subsequent appellate brief of this case.

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