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(영문) 서울고등법원 2015.05.13 2014나55170
징계해고무효확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for this court's explanation by the court of first instance are as follows: "K shall be deemed as "K"; "The fact that the certificate of delegation was submitted by the attorney and that the above certificate was stated on the fourth date for pleading" in the 8th 17-18th 8th 8th 17-18th 8th 8th 8th 8th 17th 18th 8th 8th 10th 10th 10th 10th 14th "in good faith" shall be deemed as "the submission of the certificate of delegation by the attorney is apparent or it is recognized by the statement in evidence No. 22-2"; "the M representative director pursuant to Article 85(1) of the above Rules of Employment" shall be deemed as "the H representative director pursuant to Article 85(1) of the above Rules of Employment"; and it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act as stated in the reasoning of the judgment below, except for the addition of the argument by the plaintiff.

2. Judgment on the plaintiff's assertion

A. As to the assertion of defects in the power of attorney (i.e., the Plaintiff stated the Defendant’s order of attorney’s letter of delegation on June 21, 2012 that the Defendant’s order of attorney’s letter of delegation on the lawsuit is not K but K law Office. Thus, the Defendant’s attorney is K law office, and K law office is not a legitimate attorney, and therefore, K’s attorney is not a legitimate attorney, and therefore, it is all void for

However, it is reasonable to view that the “Attorney K-Law Office” refers to a legal office operated by Attorney K, which is not the subject of legal personality, and thus cannot be the other party to the delegation of a lawsuit, and that the defendant’s intention expressed in the above delegation of a lawsuit is the intention to the “K” as the mandatory agent.

Therefore, the plaintiff's above assertion is without merit.

D. The plaintiff puts a seal on the defendant's joint representative H and L used by H at the time in the letter of delegation of the above lawsuit by the defendant. K did not receive the delegation of the lawsuit from other joint representative L. Thus, K is not entitled to receive the delegation of the lawsuit.

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