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(영문) 창원지방법원통영지원 2016.11.24 2016가단21970
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment as to the defendant's defense prior to the merits

A. The defendant's defense attorney did not pass through a local bar association while submitting the letter of delegation of the lawsuit in this case. The defendant's defense attorney's representation of the defendant's defense is an unauthorized representation.

(b) The defect of the power of attorney prescribed in Article 89 of the Civil Procedure Act shall be regarded as a assertion.

Judgment

When an attorney-at-law submits to a public agency a letter of appointment of a counsel or a power of attorney, etc. on legal cases or legal affairs, he/she shall pass through the local bar association to which he/she belongs in advance (Article 29 of the Attorney-at-Law Act); however, there is no evidence to prove that the defendant's attorney did not go through the above procedure; nor can it be deemed that there is a defect in the power of attorney on the ground that

(On the other hand, the defendant's attorney submitted a certificate of transit on August 31, 2016 as reference material; 2. Determination on the merits

A. 1) The Plaintiff’s assertion as to the cause of the claim (A) invested each KRW 100 million, total of KRW 300 million, as C and D, and acquired the second floor healthcare of the E-site E-building (hereinafter “instant healthcare”) from February 20, 2013, regardless of whether it was before and after the change of the name, and registered the Plaintiff as the representative, and registered the business as F with the trade name.

B) Around June 2015, the Defendant: (a) purchased the instant healthcare share from C and D; and (b) jointly with the Plaintiff, the Plaintiff and the Defendant jointly operated the instant healthcare. (c) On August 2015, the Plaintiff and the Defendant agreed to transfer the instant healthcare share to the Defendant on the following: (a) the Plaintiff, around August 2015, when the remodeling project for the instant healthcare was carried out for one month; (b) the name “F was reported; (c) the Defendant is the representative of the Defendant and registered as G with its trade name; and (d) the Plaintiff jointly operated the instant healthcare share; and (c) on March 17, 2016, the transfer agreement (hereinafter “instant transfer agreement”).

3,000. (1) The amount of transfer in entering into a contract.

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