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(영문) 서울서부지방법원 2017.08.22 2017가단201197
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Text

1. The instant lawsuit shall be dismissed.

2. The costs of litigation shall be borne by the Plaintiff-Appellant (Law Firm).

Reasons

1. Absence of powers of attorney;

A. The Defendants asserted that even though the Plaintiff did not delegate the instant lawsuit to the D Law Firm, the D Law Firm filed a lawsuit on behalf of the Plaintiff.

B. AD Law Firm filed the instant lawsuit as a legal representative on January 10, 2017, and the date for the first pleading on June 20, 2017, and July 18, 2017, respectively. This Court urged the Plaintiff’s legal representative to submit a written statement of certification of the Plaintiff’s right of attorney or to prove whether the Plaintiff’s right of attorney was delegated by the method of direct appearance of the Plaintiff’s right of attorney. However, D Law Firm failed to submit any evidence as to the delegation of the right of attorney until the closing of pleadings and this judgment is rendered.

In a case where a person who filed a lawsuit as an attorney fails to prove his power of attorney, the court may dismiss such lawsuit on the ground that it is unlawful to have been instituted by a person who has no power of attorney, and in this case the litigation costs shall be borne by such attorney.

(2) On September 2, 1997, the court below held that the lawsuit of this case was instituted by an attorney who failed to prove his/her power of representation, and thus, it is unlawful to dismiss it, and that the lawsuit of this case is to be borne by a DNA law firm who filed the lawsuit of this case by applying Articles 108 and 107(2) of the Civil Procedure Act. It is so decided as per Disposition by the court below.

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