The Seoul Central District Court against the defendant.

A. B Co., Ltd. (former D Co., Ltd. was changed to D Co., Ltd.) and became the defendant.

In general, the Seoul Central District Court 2009 Ghana 270225 (hereinafter “Defendant”) filed a lawsuit against the Plaintiff for loans, and the case was issued on December 7, 2009 the decision of recommending the performance (hereinafter “decision of recommending the performance of the instant case”) and the decision was finalized on December 25, 2009.

B. Meanwhile, on June 15, 2011, the Defendant’s succeeding intervenor acquired the instant claim from the Defendant, and sent the notice of transfer of claim to the Plaintiff by mail with the Defendant’s delegation on July 28, 2011, and then filed an application for the payment order seeking payment of transfer money with Seoul Eastern District Court 22861, supra, based on the said claim.

Accordingly, the payment order was issued on April 10, 2012, and it became final and conclusive on May 1, 2012.

The plaintiff filed a lawsuit of demurrer against the defendant succeeding intervenor seeking a non-permission of compulsory collection based on the above payment order, and is currently pending in the lawsuit as Seoul Eastern District Court 2019Gadan8, Seoul Eastern District Court 8598.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's evidence Nos. 1 through 5, Eul's evidence No. 1-1, Eul's evidence No. 2-1, and the purport of the whole pleadings

2. Determination as to the legitimacy of the application for intervention by succession, and the defendant's application for withdrawal from a lawsuit

A. Whether the application for intervention by succession is legitimate, the Defendant’s succeeding intervenor acquired the claim against the Plaintiff from the Defendant.

Appellant filed an application for intervention in the instant succession on February 20, 2020.

Succession participation under Article 81 of the Civil Procedure Act is recognized when a third party succeeds to the right or obligation, which is the object of a lawsuit, while the lawsuit is pending in the court.

Therefore, unless there are special circumstances, the application for intervention by the transferee of the right indicated in the enforcement title prior to the filing of a lawsuit of demurrer against a claim is not sufficient to satisfy the requirements for intervention by succession (Supreme Court Decision 83DaDaDa83 delivered on September 27, 1983).