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(영문) 서울남부지방법원 2018.02.22 2017가단19214
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion that the plaintiff's claim is a cause of action does not conclude a delegation contract with a lawyer according to the defendant's genuine intent with the defendant's mental ability, and the defendant's father or third party entered into a delegation contract with a lawyer regardless of the defendant's intention, and received a favorable judgment (Seoul Southern Southern District Court 2015dan12523 case), leading the plaintiff's lawsuit (the Seoul Southern Southern District Court 2015dan12523 case). Accordingly, the plaintiff filed

Therefore, the execution of the above decision should be excluded, since the litigation costs in the determination of the amount of the above litigation costs are not based on the genuine delegation contract and the party's intent.

2. On the one hand, the Plaintiff’s evidence and witness D testimony are insufficient to acknowledge the fact that the Defendant entered into a contract for the delegation of a lawsuit with an attorney-at-law in the status of his/her clerical capacity, and regardless of the Defendant’s genuine intent, the Seoul Southern District Court 2015Kadan12523 was pending in the case of nullification of the contract, and there is no other evidence to prove otherwise.

In addition, according to Article 110(3) and (1) of the Civil Procedure Act, the determination of the amount of litigation costs can only be filed by an appeal, and the grounds for raising an objection against a judgment that can only be filed by an appeal are limited to those arising after the judgment is rendered. The grounds for the Plaintiff’s assertion constitute grounds arising before the judgment, and thus, the grounds for raising an objection cannot be considered as grounds for raising an objection.

The plaintiff's assertion cannot be accepted because it does not seem to be any mother or on the ground.

3. The plaintiff's claim is dismissed. It is so decided as per Disposition.

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