부당이득금 및 손해배상
1. All of the lawsuits filed by the plaintiff (the plaintiff) for retrial and the motion for intervention by the defendant (the defendant) succeeding intervenor shall be dismissed;
2...
1. The following facts shall be apparent or clearly recorded in this court:
Around September 15, 2014, the Plaintiff filed a lawsuit against the Defendant seeking restitution of unjust enrichment and compensation for mental damage by stating that “the Defendant acquired double fees from the Plaintiff according to a loan agreement entered into on September 12, 2007 and received unfair early termination fees.” On May 28, 2015, the said court rendered the first instance judgment dismissing the Plaintiff’s claim on May 28, 2015.
B. On April 21, 2016, the Plaintiff appealed as Suwon District Court 2015Na21025 against the judgment of the first instance of this case. However, the appellate court rendered a judgment subject to a retrial, which dismissed the Plaintiff’s appeal on April 21, 2016.
On April 28, 2016, the original copy of the judgment was served on the Plaintiff, and on May 13, 2016, the original copy of the judgment became final and conclusive on May 13, 2016.
2. We examine whether the application for intervention by the defendant succeeding intervenor by succession to the defendant is lawful ex officio or not. The defendant succeeding intervenor's application for intervention by succession to the defendant is legitimate.
On May 2016, after the plaintiff filed a lawsuit in the first instance, the intervenor filed an application for intervention in the succession of this case by asserting that the defendant received a loan claim against the plaintiff from the defendant.
An application for intervention in succession constitutes a kind of lawsuit and a summary of participation.
A case constitutes a litigation requirement and required to participate
If there are any defects on a case, they shall be rejected by a judgment following pleadings.
(see, e.g., Supreme Court Order 2006Ma1171, Aug. 23, 2007). However, a lawsuit for a retrial against a final and conclusive judgment has a complex purpose for seeking a judgment in lieu of a final and conclusive judgment and a final and conclusive judgment regarding a case on the merits. As such, a lawsuit for a retrial against a final and conclusive judgment constitutes two stages of a final and conclusive judgment based on the premise that permission for a retrial and retrial is allowed, and the same is the same.