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(영문) 서울중앙지방법원 2021.02.17 2020가단5176727
양수금
Text

1. The plaintiff's claim is dismissed.

2. The defendant's successor 96,926,303 won and its 63,183,008 won among the plaintiff's successor intervenors.

Reasons

1. While the lawsuit seeking judgment on the plaintiff's claim is pending in the court, a third party succeeds to the whole or part of the right which is the object of lawsuit;

In a case where the plaintiff participates in a lawsuit pursuant to Article 81 of the Civil Procedure Act, if the plaintiff does not dispute the succession of the successor, but does not withdraw from the lawsuit or withdraw the lawsuit, or the plaintiff remains in the lawsuit because it did not obtain the defendant's consent (in the case of withdrawal from the lawsuit, it shall not be deemed that consent is obtained), Article 67 of the Civil Procedure Act concerning indispensable co-litigation shall apply to the claims filed by the plaintiff and the successor, so the court shall decide on both the plaintiff's claim and the plaintiff's successor's claim (see Supreme Court Decision 2012Da46170, Oct. 23, 2019, etc.). Since the plaintiff transferred the whole subject matter of lawsuit of this case to the plaintiff's successor during the proceeding of the lawsuit of this case, the plaintiff's claim is dismissed as it is without merit.

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

(a)the reasons for the claim are as shown in the Annex of the Claim;

(B) The judgment by the service of publication of the applicable legal provisions (Article 208 (3) 3 of the Civil Procedure Act) is rendered by the court (Article 208 (3) of the Civil Procedure Act)

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