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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit shall be incidental to the participation.
Reasons
1. Defendant AY’s main safety resistance judgment of Defendant AY, the legal representative of the Plaintiffs represented Defendant AY in the past “AY” lawsuit between Defendant AW and Defendant AY (Seoul High Court 2012Na44503). Although the Intervenor’s assistant intervenor filed a lawsuit against Defendant AY (Seoul Central District Court 201Gahap65827) against Defendant AY (Seoul Central District Court 201Gahap65827), Defendant AY’s assistant intervenor was not allowed to act on behalf of the Plaintiffs in the instant case, Article 31 of the Attorney-at-Law Act Article 31 (Restriction on Acceptance) 1 of the Attorney-at-Law Act (Law No. 31) is prohibited from performing his/her duties with respect to any of the following cases:
Provided, That in cases of subparagraph 2, this shall not apply where the mandator of the accepted case consents thereto.
1. Cases in which the other party to a case has consented to the acceptance by one of the parties concerned;
2. Other cases which are delegated by the other party to a case;
(2) In the application of paragraph (1) 1 and 2, any law office in which at least two attorneys-at-law accept or deal with cases or perform the duties of an attorney-at-law and which is operated in a uniform form and distributes profits or sharing expenses among them, even though they are not law firms, limited liability law firms or law firm partnerships, shall be deemed one attorney-at-law;
In a case where the other party raises an objection to a court with respect to an attorney-at-law's litigation in violation of Article 31 of the Attorney-at-Law Act, such litigation is null and void (see Supreme Court Decision 2003Da15556, May 30, 2003). Thus, the above claim is deemed a defense to the effect that the filing of the lawsuit by the attorney-at-law of the plaintiffs is unlawful.
In this case, Article 31 (1) 1 and 2 of the Attorney-at-Law Act (the same shall apply to law firms) has been previously accepted by a lawyer.