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(영문) 대구지방법원 2019.05.15 2018나317711
양수금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following "2. height", and thus, it is acceptable to accept it in accordance with the main sentence of Article 420 of the Civil Procedure

2. Parts in height:

A. The reasoning of the judgment of the court of first instance concerning “2. Judgment on the defense prior to the merits” is as follows.

“Defendant asserts that the instant lawsuit constitutes a trust of lawsuit, and thus, is unlawful. It is not permissible, in principle, to delegate the relevant lawsuit to a third party as a matter of lawsuit. However, the principle of attorney-at-law’s representation prescribed in Article 87 of the Civil Procedure Act or the prohibition of the litigation trust prescribed in Article 6 of the Trust Act is not an unlawful way for avoiding the prohibition, etc., and it may be allowed in exceptional and limited cases where reasonable grounds exist (see, e.g., Supreme Court Decision 2014Da8785, 87892, Dec. 15, 2016). According to the reasoning of the lower judgment, the Plaintiff filed a lawsuit against the Defendant with respect to the instant case from around 15, 2016, following the Plaintiff’s demand for the payment and delivery of the instant building charges from around 201 to 37, 15, 17, 32, and 5, and the purport of the entire pleadings and arguments as to the instant case’s transfer of rights.

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