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(영문) 대법원 2014.10.15 2013다25781
손해배상(기)
Text

The judgment of the court below is reversed, and the case is remanded to Cheongju District Court Panel Division.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Many persons having a common interest may select the appointed parties for all of them in accordance with Article 53 of the Civil Procedure Act, and such appointed parties may conduct all of the procedural acts for all of the appointed parties until the completion of the relevant lawsuit, unless there is any special agreement among the parties who have been granted the comprehensive authorization for the performance of the lawsuit from the appointed parties;

(1) The term “joint interest” in this context refers to the relationship between several persons as co-litigants and the common way of attack and defense, and the common way of attack and defense. The term “joint interest” in this context refers to the relationship between several persons as co-litigants and the common way of attack and defense.

(see, e.g., Supreme Court Decision 97Da362, Jul. 25, 1997). In a case where a lawsuit on the part of the appointed party against the appointed party is withdrawn or the judgment becomes final and conclusive, the appointed party shall lose his/her qualification as the appointed party ex officio.

(2) On the other hand, the judgment is final and conclusive when a lawful appeal is filed within the period or the period during which an appeal may be filed (Article 498 of the Civil Procedure Act), and when a judgment dismissing an unlawful appeal becomes final and conclusive when a judgment dismissing such unlawful appeal becomes final and conclusive (see Supreme Court Decision 2000Da25798, 25804, Feb. 27, 2001). 2. Reviewing the reasoning of the judgment below and the record, the following facts are revealed.

Plaintiff (Appointed Party, hereinafter “Plaintiff”) and C, D, E, and F are children of each Party B, and as a result, the Plaintiff was selected as the appointed Party B, and the Defendant was appointed as the appointed Party B, and the Plaintiff and the Defendant were appointed as the appointed Party B for a traffic accident.

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