1. The instant lawsuit shall be dismissed.

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

Description of Claim

Attached Form

like description of the cause of action

(Provided, That the “Plaintiff”, “debtor”, “debtor C”, “debtor D”, and “debtor B” are “Defendant”). In a case where a suit is unlawful in the relevant legal principles and it is impossible to correct the defect, the suit may be dismissed by a judgment without holding any pleadings.

(Article 219 of the Civil Procedure Act). Even if a lawsuit seeking correction of a defect is possible, the foregoing provision may apply mutatis mutandis where the presiding judge fails to correct the order to the plaintiff, even though the presiding judge orders the correction.

In the case of this case, we examine ex officio the legitimacy of the lawsuit of this case.

The Plaintiff filed an application for the instant payment order against the Defendant, who is a minor, and indicated the legal representative of the Defendant as “the parent of parental authority F”.

However, the basic certificate attached to the reply submitted by F is written by the defendant's person with parental authority as "B", and the plaintiff does not comply with the court's order to specify the legal representative of the defendant.

Ultimately, the instant lawsuit is unlawful as it is against a person without a litigation capacity without legitimate legal representative indication.

In conclusion, the instant lawsuit shall be dismissed without oral argument by applying Article 219 of the Civil Procedure Act mutatis mutandis.