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(영문) 인천지방법원 2020.12.23 2018나71239
매매대금
Text

1. The request for participation by the intervenor of the intermediary for interim confirmation shall be dismissed;

2. An objection to the trial;

Reasons

1. Whether the application for participation by the intervenor joining the intermediate confirmation plaintiff is legitimate;

A. In order to intervene in an assistance to assist one of the parties in a specific legal case, the parties must have an interest in the outcome of the relevant lawsuit, and the interest here refers to a legal interest, not a de facto, economic or emotional interest, and the existence of such interest refers to a case in which res judicata or executory power of the judgment of the relevant lawsuit is naturally received, or even if the effect of the judgment of the relevant lawsuit does not directly affect the judgment, it refers to a case in which the legal status of a person who intends to participate in an assistance is determined,

(see, e.g., Supreme Court Order 2014Ma4009, May 29, 2014).

Judgment

The intermediate confirmation plaintiff assistant intervenor used the office equipment of the defendant corporation D (hereinafter referred to as "D") that is in office as representative director, and when the plaintiff's request is accepted and confirmed, it is possible to seize the above office equipment, etc., and it may be possible for the defendant to take charge of the work of D on behalf of the defendant. Thus, the plaintiff assistant intervenor claimed that there is an interest.

However, this interest claimed by the Intervenor joining the Plaintiff is merely an factual and economic interest in the outcome of the lawsuit, and unlike others, the Intervenor joining the Plaintiff’s intermediate confirmation is naturally subject to res judicata effect or executory power of the judgment of the lawsuit seeking intermediate confirmation of this case.

Inasmuch as there is no circumstance to deem that the legal status of the Intervenor to the Plaintiff’s Intervenor to the intermediate confirmation Plaintiff is determined on the premise of the above judgment, the application filed by the Plaintiff’s Intervenor to the intermediate confirmation Plaintiff is unlawful

2. Whether the defendant's lawsuit for interim confirmation is legitimate

A. The dispute between the parties as to the existence or absence of a legal relationship with respect to the determination of the original lawsuit.

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