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(영문) 인천지방법원 2018.05.04 2017가단214502
물품대금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C by the attorney C.

Reasons

1. A summary of the cause of the claim shall be as specified in attached Form;

(Provided, however, limited to the part related to the plaintiff). 2. Whether the lawsuit of this case is legitimate

A. The attorney C who filed the instant lawsuit as the Plaintiff’s attorney with the gist of the Defendant’s defense prior to the merits of the instant case did not have been delegated the Plaintiff’s power of attorney.

(b) Where a person who filed a lawsuit as an attorney for determination fails to prove his/her power of attorney, the court may dismiss such lawsuit on the ground that it was unlawful to have been instituted by a person who has no power of attorney, and at this time the litigation costs shall be borne by such attorney

(See Articles 108 and 107(2) of the Civil Procedure Act, and Supreme Court Order 97Ma1574 Decided September 22, 1997). The case of this case is unlawful because it is filed by a person who has no power of attorney, even though an attorney-at-law filed the lawsuit of this case as an attorney of the Plaintiff, the records of this case, such as a letter of delegation of litigation concerning the Plaintiff, a certificate of construction house, etc., are difficult to deem that the lawsuit of this case was delegated by the Plaintiff (the above attorney-at-law was urged by this court on September 15, 2017, and submitted a letter of resignation by the attorney-at-law on November 28, 2017).

3. The instant lawsuit is dismissed as it is unlawful in light of the conclusion, and it is so decided as per Disposition by applying Articles 108 and 107(2) of the Civil Procedure Act to the burden of litigation costs.

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