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(영문) 서울고등법원 2015.03.26 2014나2043975
양수금
Text

1. All appeals by the plaintiff (appointed party) are dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Defendant National Bank, Co., Ltd. asserts to the effect that the lawsuit of this case is unlawful, unless the Plaintiff (appointed parties, hereinafter referred to as the “Plaintiff”) proves that the Plaintiff was legally selected from the appointed parties, and that the lawsuit of this case is not appropriate, unless it proves the degree of strict certification by a notarial office.

On the other hand, the appointed party shall prove in writing the fact that he/she was delegated the authority to conduct the litigation by the designated party (Article 58 of the Civil Procedure Act). According to the records, the Plaintiff entered all the designated parties' names and addresses, and submitted to this court a letter of appointment of the Plaintiff as the designated party with the seal affixed by the designated parties. In particular, the said letter of appointment

Unless there is any other evidence to suspect the true establishment thereof, the plaintiff shall be deemed a party who has been duly selected from the Appointor.

On a different premise, the above assertion by the National Bank of Korea, Inc. is rejected.

2. The reasoning of this part of the judgment on the merits is as stated in paragraphs (1) through (3) of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Conclusion, the Plaintiff’s claim against the Defendants in this case shall be dismissed in its entirety due to the lack of reasonable grounds.

The judgment of the first instance is just based on the conclusion, and all of the plaintiff's appeal is dismissed.

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