1. The request for intervention by an independent party intervenor shall be rejected;

2. The litigation costs shall be borne by the independent party intervenor;

1. Determination on the legitimacy of an application filed by an independent party;

A. The Intervenor’s assertion was withdrawn from the Plaintiff, a limited partnership company, on December 31, 2012.

Accordingly, pursuant to Articles 22 and 269 of the Commercial Act and Article 20 of the Plaintiff’s articles of incorporation, the intervenor acquired the Plaintiff’s claim for refund of share equivalent to the Intervenor’s share ratio among the Plaintiff’s property assessed at the time of the Intervenor’s retirement.

However, since the Plaintiff’s damage claim against the Defendant, which is the subject matter of the lawsuit of this case, constituted the Plaintiff’s active property at the time of the Intervenor’s withdrawal, the scope of the Intervenor’s claim for refund of the said share is determined depending on the existence and scope

Ultimately, in the principal lawsuit of this case where the plaintiff and the defendant brought a lawsuit with intent to impair the intervenor, the intervenor's claim for share refund may be infringed upon according to the result of the lawsuit.

In addition, on August 8, 2014, the Plaintiff submitted to the competent court a written withdrawal of the principal lawsuit against the Intervenor’s will, and thereby, it is objectively recognized that the Plaintiff intended to harm the Intervenor. Therefore, the Intervenor seek confirmation against the Plaintiff and the Defendant that the Plaintiff has a claim for damages amounting to KRW 50,000,000 on the ground of the Defendant’s tort against the Defendant for the prevention of death.

B. In order to participate in an intervention in the prevention of harm among independent parties' participation, it should be objectively recognized that the plaintiff and the defendant in the principal lawsuit have the intent to harm any third party through the lawsuit, and it should be recognized that the result of the lawsuit could infringe on the rights or legal status of the third party.

(See Supreme Court Decision 2002Da694, 700, Jun. 13, 2003). With respect to the instant case, the health room, the Plaintiff submitted a written withdrawal of the lawsuit concerning the instant principal lawsuit to the court on August 8, 2014, and stated it on the seventh date for pleading.