(영문) 대전고등법원 2018.12.05 2017나16165

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(영문) 대전고등법원 2018.12.05 2017나16165

대매사총판계약 해지 등 확인의 소

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1. The judgment of the first instance court, including the Plaintiff’s claim added and expanded in the trial, shall be modified as follows:

Reasons

1. The court's explanation on this part of the facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance (from 6th to 5th 3th eth eth eth eth eth eth eth eth eth eth eth eth e).

2. The assertion and judgment

A. 1) Determination on the defense prior to the merits by the Defendant’s assertion 1) The N Law Firm, as an advisory lawyer of I, filed a lawsuit against the Plaintiff on behalf of I, such as provisional attachment and provisional disposition. Since the lawsuit was delegated by the Plaintiff in this case, it is null and void due to a violation of Article 31(1)1 of the Attorney-at-Law Act. The lawsuit in this case is filed in a state where the attorney’s power of attorney was defective, and thus, is unlawful. 2) Article 31(1)1 of the Attorney-at-Law Act provides that the pertinent attorney cannot perform his duties with respect to the case where the other party of the case consented to the acceptance by a party and delegated it

However, the defendant's assertion itself does not purport that the plaintiff's legal representative has received a delegation of a lawsuit from the plaintiff, who is the other party, while consenting to a certain number of cases from the defendant. Thus, the defendant's assertion is

The Defendant’s assertion may prejudice the purport that the Plaintiff’s legal representative is in violation of Article 31(1)2 of the Attorney-at-Law Act, since the Plaintiff’s legal representative filed a lawsuit against the Plaintiff in other cases.

However, there is no evidence to acknowledge the defendant's assertion, and if I actually led the lawsuit of this case like the defendant's assertion, I consented to the plaintiff's delegation of the lawsuit, so the delegation of the lawsuit by the plaintiff's attorney is lawful pursuant to the proviso of Article 31 (1) of the Attorney-at-Law Act.

Therefore, the defendant's defense prior to the merits is without merit.

B. Determination as to the termination of the instant contract is made on the ground of one claim.

참조조문

유사 판례

-서울고등법원 2021.04.01 2019나2058552

-대법원 2018.11.29 2018다22077

-서울고등법원 2016.02.18 2015나2032828

-서울동부지방법원 2016.12.20 2015가합108473

-대법원 2018.11.29.선고 2018다22077 판결