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(영문) 서울중앙지방법원 2021.02.05 2020가합502601
양수금
Text

1. The plaintiff's claim against the defendants is dismissed.

2. The defendants are jointly and severally liable for the plaintiff's succeeding intervenors 652,449.

Reasons

1. While the Plaintiff’s judgment on the Plaintiff’s claim was pending in the instant lawsuit, the Plaintiff transferred his claim against the Defendants to the Plaintiff’s succeeding intervenor, the Plaintiff’s succeeding intervenor applied for lawful succession on December 30, 2020, and the Plaintiff submitted a written withdrawal from the lawsuit on January 20, 2021.

Even in case of succession, in case where there exists a person who has participated in a lawsuit in order to claim his rights pursuant to the provisions of Article 80 and Article 80 of the Civil Procedure Act (Withdrawal from the lawsuit in which an independent party participates), the plaintiff or the defendant prior to his intervention may withdraw from the lawsuit with the consent of the other party.

Provided, That the judgment shall also have effect on the withdrawn party.

The plaintiff may withdraw from a lawsuit with the consent of the other party. However, in this case, the withdrawal did not take effect without the consent of the defendants as to the withdrawal of the plaintiff.

Therefore, the plaintiff's claim against the defendants is dismissed.

2. Determination as to the plaintiff's successor's claim

(a)the reasons for the claim and the reasons for the participation in Annex 1 are as shown in Annex 2;

B. Judgment by publication of the basis of recognition (Article 208(3)3 of the Civil Procedure Act)

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