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(영문) 서울중앙지방법원 2021.02.05 2018가합561386
손해배상(기)
Text

All of the plaintiffs' lawsuits against the defendants are dismissed.

Litigation costs shall be borne by the law firm head.

Reasons

1. Determination as to whether the plaintiffs' lawsuit of this case against the defendants is legitimate

A. We examine the legitimacy of the lawsuit of this case against the Defendants by either or ex officio pursuant to the prior defense against the defects in the power to represent the lawsuit of this case by Defendant W.

B. If the existence of the power of attorney of a litigation agent is a matter of ex officio investigation by the court and the power of attorney of a lawsuit is a private document, whether the court should issue a certification order with respect to the certification of power of attorney of a lawsuit belongs to the court's discretion, but the other party is disputing and the record of the attorney is authentic.

Where there is no obvious evidence to prove the right of representation, a court shall conduct an investigation as to whether the right of representation in a lawsuit is defective, such as issuing a certification order with respect to the certification of the right of representation in a lawsuit or examining whether the power of representation in a lawsuit is delegated otherwise (see Supreme Court Decision 2012Da16063, Dec. 10, 2015, etc.).

The record reveals the following facts.

1) The lawsuit of this case against the Defendants was filed on August 31, 2018, and the proxy form of the lawsuit submitted by the law firm head together with the complaint (hereinafter “the proxy form of the lawsuit of this case”) contains the names, resident registration numbers, and addresses of the Plaintiffs. On the side of the Plaintiffs’ resident registration numbers, the document has the same text and form, and there is so-called seal of the form of a stude which appears to have been withdrawn by the same electronic method.

2) Defendant W’s agent asserts that it is unclear whether the representative of the Plaintiffs’ lawsuit duly received the delegation of the lawsuit from the Plaintiffs, and that it is doubtful whether the Plaintiffs’ seals of the proxy of the instant lawsuit were affixed by the Plaintiffs’ genuine intent.

The plaintiffs' legal representative is a certificate of seal impression issued between October 2016 and December 201.

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