손해배상(기)
1. The request for intervention by the independent party of this case shall be dismissed.
2. The Korea Labor Welfare Foundation of the defendant social welfare foundation shall be established;
We examine the legitimacy of the application for intervention by the independent party ex officio in determining the legitimacy of the application for intervention by the independent party.
An independent party intervention intends to claim that the whole or part of the subject matter of a lawsuit is his/her own right, or a third party who asserts that the subject matter of a lawsuit is his/her own right, participates in a lawsuit as a party and settle the conflicting rights or legal relations between three parties in a single judgment, without contradiction. Among an independent party intervention, an independent party intervention may be allowed in cases where the plaintiff's main claim and the intervenor's claim are deemed to be incompatible with his/her claim, and the intervention in the prevention of death may be allowed in cases where it is objectively recognized that the plaintiff and the defendant have the intent to harm the intervenor through the lawsuit, and it is recognized that the plaintiff and the defendant's right or legal status might be infringed as a result of the lawsuit.
(see, e.g., Supreme Court Order 2005Ma814, Oct. 17, 2005; Supreme Court Decision 2006Da1183, 1190, May 11, 2006). In this case, the Plaintiff sought compensation against the Defendants for damages arising from the tort committed by Defendant B, May 2, 201, and the Intervenor sought confirmation that Defendant B against the Intervenor of the Defendant Foundation does not have any liability for compensation for damages arising from the tort committed by May 2, 201.
However, the Defendants are actively responding to the lawsuit, and the records of this case do not recognize that the Plaintiff and the Defendants have the intent to harm the Intervenor through the lawsuit of this case. Thus, the application for intervention by the independent party of this case is not a participation in the prevention of death, but a participation in the lawsuit of this case. The intervention by the principal party of this case may be allowed in cases where the Plaintiff’s principal claim and the Intervenor’s claim cannot be compatible with the assertion itself.