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(영문) 춘천지방법원강릉지원 2016.05.10 2015나2338
증서진부확인
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff’s summary network E forged the Plaintiff’s power of attorney and exercised the Plaintiff’s certificate of personal seal impression.

Accordingly, we seek to confirm that the power of attorney is not a document duly formed.

2. In a lawsuit seeking confirmation as to the lawfulness of the instant lawsuit, the benefit of confirmation is recognized in cases where there is a dispute between the parties as to the legal relationship subject to the lawsuit, and thereby, determination of the Plaintiff’s legal status as the confirmation judgment is the most effective and appropriate means to eliminate such apprehension and danger when the Plaintiff’s legal status is unstable and dangerous (see, e.g., Supreme Court Decision 2009Da93299, Mar. 13, 2007). The delegation of the Plaintiff’s certificate of personal seal impression to the network E on March 13, 2007 by the power of attorney in the Plaintiff’s name (hereinafter “instant power of attorney”), or can be recognized by comprehensively taking into account the overall purport of the pleadings.

However, if the network E was to obtain the above certificate of personal seal impression, the above certificate of personal seal impression itself cannot only form the legal relationship, so it cannot be deemed that the Plaintiff could not be deemed that the risk of legal status has occurred

In addition, if the above certificate of personal seal impression was used for another juristic act, seeking confirmation of the authenticity of the document prepared for the juristic act is the most effective and appropriate means to eliminate the Plaintiff’s risk of legal status. It is difficult to view that the confirmation of the authenticity of the power of attorney of this case is immediately removal of the Plaintiff’s legal status risks.

Therefore, the instant lawsuit has no interest in confirmation.

3. Thus, the lawsuit of this case shall be dismissed as it is unlawful, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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