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1. All appeals by the defendant against the plaintiffs are dismissed.
2. The appeal cost arises between the plaintiffs and the defendant.
Reasons
1. Determination on the validity of the defendant's withdrawal of appeal
A. The Defendant’s assertion that the Defendant’s legal representative was entitled to the special authorization of the withdrawal of appeal from AT by the representative of the Defendant’s legal representative, and the withdrawal of appeal on March 30, 2017, is valid as the Defendant’s legal representative appealed.
Even if an acting representative of the defendant did not obtain the permission of the court at the time of granting the right of special acceptance of the withdrawal of appeal against the defendant's attorney, this is merely an internal violation of the internal rules and regulations between the court and the acting representative of the defendant, and this does not affect the validity of withdrawal of appeal, which is the sole procedural act of the defendant's attorney.
B. According to the records of the facts of recognition, the proceedings following the judgment of the court of first instance from the date of the judgment to the withdrawal of the defendant's appeal
1) On December 14, 2016, with respect to the judgment of the first instance that accepted the claim of this case by the plaintiffs, the defendant appealed, and on March 16, 2017, the defendant's intervenor pending in the appellate trial filed an application for assisting the defendant's legal representative in the form of a law firm gold. 2) The defendant's intervenor filed an application against the defendant's intervenor for suspension of performance of duties and provisional disposition for appointment of a proxy as Seoul Central District Court 2016Kahap80786, and on January 4, 2017, the defendant's representative representative was appointed an attorney-T as the defendant's representative.
3) On the other hand, on March 22, 2017, the Defendant’s representative acting for the representative of AT who is appointed as the Defendant’s attorney at the instant appellate court as the Defendant’s attorney at the instant appellate court received a letter of delegation of a lawsuit in the name of AT. The said letter of delegation of a lawsuit states that the said attorney shall be granted the right to withdraw an appeal to the said attorney. 4) The Defendant’s goldyang Law Firm submitted the letter of withdrawal of appeal in the name of the Defendant to the instant court on March 30, 201
On March 15, 2017, before submitting the above written withdrawal of appeal, the gold law firm has withdrawn the appeal and accepted the appeal without the defendant's consent.