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(영문) 대법원 2014.07.24 2014다6558
물품대금
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

A person who has no legitimate authority to represent a juristic person has, after the legal representative of the juristic person has ratified it, retroactive effect at the time of the act. Such ratification can also be made in the final appeal.

(See Supreme Court Decision 96Da25227 delivered on March 14, 1997, etc.). After recognizing facts as indicated in its reasoning, the lower court rejected the instant lawsuit on the ground that the instant lawsuit was instituted by F without authority to represent the Plaintiff, and is illegal and void, and that G, a legitimate representative of the Plaintiff, could not be deemed to have ratified it.

However, according to the records, it can be seen that the legitimate representative G of the Plaintiff came to the final appeal and confirmed all the litigation acts in the instant case and the original judgment through the Plaintiff’s legal representative.

In light of the above legal principles, in such a case, the plaintiff's lawsuit of this case and litigation at the court below's court below had retroactive effect at the time of such act. Thus, the judgment of the court below which dismissed the lawsuit of this case on the ground that it was instituted by a person who has no power of representation, and it was unlawful, became no longer available

The ground of appeal pointing this out is with merit.

Therefore, without further proceeding to decide on the remaining grounds of appeal, the judgment below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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