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(영문) 서울중앙지방법원 2017.09.14 2016가단149938

청구이의의 소

Text

1. The defendant's payment order against the plaintiff was issued on February 15, 2007 in Seoul Central District Court 2007 tea7404.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. The Defendant’s succeeding intervenor filed an application for intervention by succession, alleging that he/she acquired the claim under the payment order that became final and conclusive on April 10, 2009, pursuant to the order of payment under Paragraph (1) of the Disposition, by transfer from the Defendant.

However, the succession intervention requires that the defendant's successor succeeded to the right or obligation which is the subject of the lawsuit to participate in the lawsuit (see Article 81 of the Civil Procedure Act and Supreme Court Decision 83Meu1027, Sept. 27, 1983). Thus, the defendant's successor's application for participation by the defendant who acquired the above claim from the defendant prior to the lawsuit of this case is unlawful because it does not meet the requirements.

Therefore, the above application for intervention is dismissed.