The instant lawsuit is dismissed.

3. Of the costs of lawsuit.

A. On August 27, 2013, the Defendant applied for a payment order against the Plaintiff for the payment order of the 166922 amount before this court 2013, and the Defendant rendered a payment order against the Plaintiff that “the Defendant would pay the Plaintiff KRW 29,735,021 and delayed damages,” which became final and conclusive on September 27, 2013.

B. On March 9, 2016, a bankruptcy declaration and a decision to grant immunity was rendered against the Plaintiff. However, the Defendant’s above payment order claim is not indicated in the creditor list (or the Daegu District Court 2015, 481, 2015, 481 at the bottom of 2015). [Grounds for recognition] The Plaintiff did not dispute, and the purport of Gap’s evidence Nos. 1, 2, 3, and 4, and the entire argument is purport

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.

Appellants filed an application for the instant succession participation on November 2, 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, an application for intervention by a transferee of a claim indicated in the enforcement title prior to the filing of a lawsuit of demurrer against a claim does not meet the requirements for intervention by succession and is in side law, barring special circumstances (see Supreme Court Decision 83DaDa1027, Sept. 27, 1983). Even according to the Defendant’s succeeding intervenor’s assertion, the Defendant’s succeeding intervenor acquired on January 27, 2014 the claim indicated in the payment order order of this case from the Defendant prior to the continuation of the lawsuit of this case, and thus, the instant application for intervention by succession does not meet the requirements for intervention.

B. Withdrawal of a lawsuit seeking a withdrawal from a lawsuit is permitted only where a successor to a lawsuit is lawful, and where succession to a lawsuit is illegal, withdrawal from the lawsuit by the participant is not allowed, and the litigation relationship between the participant and the other party remains effective (see, e.g., Supreme Court Decision 2011Da8789, Apr. 26, 201).