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(영문) 대법원 2012.07.12 2012다32911
약정금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, even if the procedural acts were conducted by another person subject to criminal punishment such as fraud and coercion, it is reasonable to interpret that the validity can be denied by analogical interpretation of Article 451(1)5 and (2) of the Civil Procedure Act only when the conviction of the other person's act is finalized and the procedural acts exist externally without the intention corresponding thereto.

[See Supreme Court Decision 200Da42939, Jan. 30, 2001; 2000Da42946, Jan. 30, 2001; etc.] The court below determined that the validity of the withdrawal of the appeal in this case cannot be denied, on the grounds that there is no evidence to acknowledge that the act of preparing the withdrawal of appeal in AD and submitting the written withdrawal of appeal in W, which is the representative director of the plaintiff, is subject to criminal punishment, and that the judgment of conviction has become final and conclusive.

In light of the above legal principles and records, the above determination by the court below is acceptable, and there is no error of law by misapprehending the legal principles as to the validity of withdrawal of appeal.

2. As to the ground of appeal No. 2, Articles 64 and 63(1) of the Civil Procedure Act, the purport of the above Article 63(1) is to ensure stability and clarity in litigation procedures by uniformly treating even if the representative’s power has been extinguished, whether the party was aware of the extinguishment of the representative’s power, and whether there was any negligence or not. Thus, even in the case where the representative’s power has been extinguished, the said representative’s power shall not be extinguished under litigation procedures unless there exist any special circumstances, unless there are other special circumstances. Therefore, even if the representative’s power has been extinguished, the said representative’s power shall be deemed as extinguished under the former representative’s authority without notifying the extinguishment of the representative’

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