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(영문) 서울고등법원 2015.05.29 2014나2036892
업무방해금지
Text

1. The supplementary intervenor does not allow the participation of the plaintiff's supplementary intervenor.

2. The plaintiff's appeal is dismissed.

3. The appeal costs are assessed against the Plaintiff.

Reasons

1. Determination on the legitimacy of the Plaintiff’s motion for intervention

A. The Plaintiff’s Intervenor’s assertion of the Plaintiff’s Intervenor was an agricultural company established for the purpose of producing and distributing spawnings, which was certified environmentally friendly, and entered into a contract between the Plaintiff and the Plaintiff with high awareness of the development in the market, etc. to attach and sell the Plaintiff’s trademark on the column of the Plaintiff’s Intervenor’s Intervenor. Since the Plaintiff’s business obstruction agreement between the Plaintiff and the Plaintiff and the Plaintiff’s supplementary intervenor was reversed, the contract for delivery of eggs products between the Plaintiff and the Plaintiff’s supplementary intervenor was destroyed, and the Plaintiff’s damage suffered from the failure to deliver the said eggs on the side of the slots, the Plaintiff’s supplementary intervenor shall participate in the instant lawsuit for the Plaintiff.

B. In order to intervene in an assistance to assist one of the parties in a specific litigation case, an interest in the outcome of the relevant lawsuit must be interested. The term "interest" refers to a legal interest, not in economic or emotional interests, which refers to a case where the judgment is subject to res judicata or executory power of the relevant lawsuit, or where the judgment does not directly affect the effect of the relevant lawsuit, at least a case where the legal status of a person who intends to participate in an assistance is determined on the premise of the judgment.

(See Supreme Court Decision 9Da26924 Decided September 8, 200, Supreme Court Decision 2005Da19156 Decided April 26, 2007, etc.). Based on the above legal doctrine, even if the Plaintiff’s Intervenor’s assertion (including the assertion stated in the reference document submitted by the Plaintiff’s Intervenor after the closing of argument in the trial) is based on the foregoing legal doctrine, the Plaintiff’s supplementary intervenor has a factual and economic interest in the outcome of the instant lawsuit, apart from the fact that the Plaintiff’s supplementary intervenor has a factual and economic interest in the outcome of the instant lawsuit.

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