The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. Where a person who is not a director and a company, who is not a director, continue to file a lawsuit as to the first ground for appeal, obtains the status of a director, his/her representative director shall be changed from the representative director to the auditor pursuant to Article 394(1) of the

Article 64 of the Civil Procedure Act provides that the provisions of the Civil Procedure Act concerning legal representation and legal representation shall apply mutatis mutandis to a representative of a corporation, and Article 95 of the same Act provides that the right of representation shall not be extinguished even if any ground for extinguishment or alteration of the right of representation

Therefore, even if a non-director acquires the status of a director during the lawsuit filed against the company and the representative director’s power of representation was extinguished with respect to the lawsuit, the former attorney’s power of representation is not extinguished unless there exists an attorney who entered into a contract of delegation with the representative director before that time, and the auditor who became a new representative did not terminate the contract of delegation with the previous attorney.

According to the records, the defendant filed an appeal against the judgment of the court of first instance, and appointed an attorney-at-law U as an attorney during the proceedings in the court of first instance. The plaintiff was appointed as a director and a representative director of the defendant on April 4, 2016, which was after the second date for pleading in the court of second instance, and on May 7, 2016, the defendant was dismissed from the defendant's representative director, but continued to maintain the position of director. The defendant's auditor V maintained the delegation contract between the defendant and the previous attorney until the court of first instance closes the pleadings and declares the judgment at the third date for pleading.

Examining these facts in light of the legal principles as seen earlier, even if the Plaintiff was appointed as the Defendant’s internal director and representative director, and the Defendant’s representative director’s power has expired, the previous legal representative.