1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit shall be borne by C by the attorney C.

The defendant has a defense prior to the merits to the effect that the plaintiff's legal representative had filed the lawsuit of this case in the name of the plaintiff without being duly granted the power of attorney.

Where the power of attorney is a private document, whether or not the court shall issue a certification order with respect to the certification of the power of attorney shall belong to the discretion of the court. Where the other party or the other party contests thereto and there is no obvious evidence that the power of attorney is authentic in the records, the court shall investigate whether or not the power of attorney is defective, such as issuing a certification order with respect to the certification of such power of attorney or conducting other examination as to whether the power of attorney is properly delegated

(See Supreme Court Decision 77Da2139 delivered on February 14, 1978, etc.). Thus, in a case where a person who files a lawsuit or an appeal as an attorney fails to prove his/her power of representation in spite of a court’s order of authentication, the court may dismiss the lawsuit or appeal on the ground that it is unlawful to have been filed by a person who has no power of attorney.

(see, e.g., Supreme Court Order 97Ma1574, Sept. 22, 1997). Based on the above legal principle, this court ordered the Plaintiff’s attorney to submit a certificate of delegation of a lawsuit pursuant to Article 89(2) of the Civil Procedure Act on August 10, 2017. However, the Plaintiff’s attorney failed to take any measure against this and failed to prove his/her power of attorney.

Therefore, since the lawsuit of this case is illegal to have been filed by a person without the power of attorney, it is so decided as per Disposition by the assent of all participating Justices.