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(영문) 대전고등법원 2020.04.09 2019나13054
손해배상(기)
Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Details of the parties;

A. On March 30, 2020, during the trial from the first instance to the trial, the designated parties A (it refers to the designated parties until the time when the designated parties are changed to the Plaintiff) newly specified the list of the designated parties and the claim amount by each of the designated parties through the application for modification of the purport of and the cause of the claim on December 16, 2019.

Therefore, among the petitioners stated in the list, which is attached to the petition of appeal of June 20, 2019, the designated parties excluded from the list attached to the above application for modification are deemed to have withdrawn the lawsuit following the modification of the above purport of claim.

B. Meanwhile, the Plaintiff submitted an application for change of the designated party from the above A to the Plaintiff on March 30, 2020, along with a list of the designated parties with a seal of 50 persons other than the Plaintiff attached to the above application for change. Of which, after the issuance of the first instance judgment, AH (Appellant 1 in the list of the designated parties, hereinafter “Appellant 1”) submitted the application for change, the Plaintiff’s withdrawal on March 17, 2020, and BE (hereinafter “Appellant 22”) on March 16, 2020, and BS (hereinafter “Appellant 36”) submitted the application for change of the designated party to the Plaintiff on March 30, 2020, and R (hereinafter “Appellant 61”) attached a certificate of personal seal impression under his name on August 27, 2019 and October 4, 2019, and excluded the application from the list of the designated parties’ withdrawal on October 16, 2019.

C. Therefore, the designated parties who selected the Plaintiff as the designated parties are finally indicated on March 30, 2020, excluding the above five persons from among the designated parties indicated on the list of the designated parties attached to the application for change of the designated parties.

1. The 45 persons indicated in the list of the designated parties (hereinafter referred to as the “designated parties”) are the 45 persons (hereinafter referred to as the “appointeds”), even if the seals indicated in the list of the designated parties attached to the Plaintiff’s application for change of the designated parties are lawful, and the above 5 persons withdraw the lawsuit after a final judgment has been rendered on the merits.

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