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(영문) 창원지방법원마산지원 2017.08.22 2016가단107083
손해배상(기)
Text

1. All of the lawsuits by Plaintiffs B and C shall be dismissed.

2. The Defendant: (a) KRW 30,000,000 for Plaintiff A and its related thereto on March 15, 2017.

Reasons

1. With respect to the litigation of the plaintiff B and C, a minor may conduct litigation only by the legal representative (Article 55 of the Civil Procedure Act), the fact that there is legal representation right shall be attested in writing (Article 58(1) of the Civil Procedure Act), and when the parents are married, the parental authority shall be jointly exercised by the parents.

(Article 909(2) of the Civil Act. In the case of the above plaintiffs who are minors, there is no evidence to deem that they jointly appointed an attorney by E and the plaintiff A, their parents.

Therefore, all of the plaintiffs' lawsuits filed by the legal representative is unlawful.

2. As to the plaintiff A's claim

A. Claims for damages arising from the indication E (the spouse of the plaintiff A) and the defendant's misconduct for mental suffering suffered by the plaintiff A

(b) Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

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