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(영문) 대구지방법원안동지원 2019.11.12 2019재가단1006
손해배상(자)
Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Defendant (Counterclaim Plaintiff, or Plaintiff for retrial).

Reasons

1. The Defendant’s summary of the Defendant’s assertion: (a) filed a counterclaim against the “A Federation Mutual Aid Association” (hereinafter “Mutual Aid Association”); and (b) even if litigation was conducted by the Plaintiff’s legal representative who does not have the power of representation or power of attorney of a Mutual Aid Association, the judgment subject to a retrial was rendered, and thus, there were grounds for retrial under Article 451(1)3 of the Civil Procedure

2. In order to constitute “when there is any defect in granting a legal representation right, powers of attorney, powers of attorney, or authorization required for conducting the procedural acts by a representative, which is a cause for a retrial under Article 451(1)3 of the Civil Procedure Act, the case must be where the principal or his/her attorney was unable to conduct the substantive procedural acts due to the defect of power of attorney.”

(2) On July 12, 2007, the Plaintiff, who entered into a mutual aid agreement with C as shown in the separate sheet No. 2, filed a suit against the Defendant who suffered a traffic accident as indicated in the separate sheet No. 1, on September 3, 2011, as indicated in the separate sheet No. 2005Da10470, Jul. 12, 2007 (see, e.g., Supreme Court Decision 2005Da10470, Sept. 12, 2007). The Defendant filed a counterclaim against the Plaintiff on July 31, 2012 with the same court as the same court No. 201Da5271, Jul. 31, 2012; the Plaintiff’s legal representative did not raise an objection to the Plaintiff’s power of representation before the closing of the argument in the instant case (see, e.g., Supreme Court Decision 2000Da820, Oct. 31, 2012.

2. The plaintiff is about KRW 800,000 and its objection to the defendant.

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