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(영문) 수원지방법원 2018.06.19 2016가합83118
손해배상(기)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the defendants' main defense

A. The defendants did not prove the legal personality of the plaintiff, who is a foreign corporation of this safety defense, and there is no proof as to the existence of the representative H's power of representation. Thus, the plaintiff's litigation capacity and power of representation are defective.

In addition, the plaintiff's attorney who has been delegated with a lawsuit by the representative due to the defect in the power of representation has no legitimate power of attorney to act on behalf of the plaintiff.

B. In addition to the whole purport of arguments in Gap evidence Nos. 2, 10, 14, and Eul evidence Nos. 1-1, 2, and 3, the plaintiff signed a power of attorney with the content that he/she has the power to file a civil suit on behalf of the plaintiff and to delegate his/her authority to conduct litigation on behalf of the plaintiff, and the power of attorney has the authority to prepare such power of attorney, the plaintiff's establishment of the right of attorney-at-law's establishment of a document attached to the power of attorney-at-law of the United States of America as a company with certain organization and size, such as developing, manufacturing, and selling computer programs, and establishing a limited liability company in Korea, etc.

In full view of the above facts of recognition, it cannot be found that the plaintiff's foreign company is recognized as a foreign company and has the litigation capacity, and there is no circumstance to deem that the plaintiff's representative authority is defective in light of the position of H, the process of preparation of power of attorney, and the process of preparation of a letter of recognition of metratism. Therefore, the plaintiff's attorney is legally performing the litigation from the plaintiff.

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