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(영문) 대법원 2020.07.09 2020다210266
손해배상(기)
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

According to Article 60 of the Civil Procedure Act which applies mutatis mutandis to the attorney pursuant to Article 97 of the same Act, the litigation by a person who is defective in the power of attorney becomes effective retroactively to the time when the litigation is ratified by the party concerned or by the corrected attorney, and such ratification can be conducted even in the court of final appeal.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to the plaintiff's representative director and appointing the representative director as the plaintiff's representative director in this case's case's litigation at the court below's judgment of this case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's case's representative director.

Therefore, the court below cannot be deemed to have an absolute ground for appeal under Article 424(1)4 of the Civil Procedure Act, contrary to what is alleged in the ground of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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