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(영문) 서울고등법원 2017.08.25 2016나2081919
회장선출결의,총회결의무효확인 등
Text

1. The defendant assistant intervenor's appeal is dismissed.

2. The costs of appeal shall be borne by the intervenor joining the defendant.

purport.

Reasons

1. Determination on this safety defense

A. The Plaintiffs’ assertion is an appeal filed against the Defendant’s Intervenor after the date of service of the written withdrawal of the lawsuit against the Defendant’s Intervenor and the period for objection has expired. The Defendant’s Intervenor submitted an application for intervention in the lawsuit on November 15, 2016, and does not file an appeal as an auxiliary intervenor. Even if the Defendant’s Intervenor lodged an appeal as an assistant intervenor, it shall not be effective by an appeal filed against the Defendant’s will without the Defendant’s appeal.

B. (1) According to the records, the Plaintiffs filed the instant lawsuit against the Defendant and the Intervenor’s Intervenor, and withdrawn the lawsuit against the Defendant’s Intervenor on August 16, 2016, and the written withdrawal of the lawsuit against the Defendant’s Intervenor was served on October 4, 2016, and the first instance court rendered a judgment accepting the Plaintiffs’ claim against the Defendant by a judgment without pleading on October 6, 2016, and the original copy of the judgment was served on the Defendant by public notice on November 5, 2016, and the Defendant’s Intervenor submitted the petition of appeal under the name of the Defendant and the Defendant’s Intervenor’s Intervenor’s name on November 15, 2016, along with the application for intervention in the lawsuit and the power of delegation (a delegating person is the Defendant’s Intervenor), and on January 24, 2017, the law firm issuing a written answer with respect to the Defendant’s Intervenor on behalf of the Defendant on which the Defendant submitted the written withdrawal of the lawsuit to the court.

(2) First, we examine whether the defendant appealed against the judgment of the court of first instance, and then enter the petition of appeal of this case as if the defendant appealed.

Even if the defendant assistant intervenor's attorney was delegated with the power of attorney from the defendant, the defendant assistant intervenor's response is attached to the defendant's response on January 24, 2017.

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