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(영문) 대구고등법원 2015.09.22 2014나4744
주식양도 등
Text

1. The defendant joining the defendant is not allowed to apply for intervention.

2. The plaintiff's appeal is dismissed.

3. The appeal costs.

Reasons

1. Determination on whether to grant the supplementary participation application by the Intervenor joining the Defendant

A. The Intervenor joining the Defendant’s assertion is the issuer of the bill obtained by the Plaintiff, and when the Plaintiff secures the status of shareholder of the Defendant Company, the Intervenor’s Intervenor cannot be held liable to the Plaintiff for the acceptance of the bill.

Accordingly, the Intervenor filed an application for intervention on behalf of the Defendants, as the Defendant had a legal interest in the outcome of the instant lawsuit.

B. Determination 1) In order to intervene in a lawsuit to assist one of the parties in a specific litigation case, there must be an interest in the outcome of the lawsuit in question. The term "interest" refers to a legal interest, not a de facto, economic or emotional interest, but a legal interest. The existence of such interest refers to a case where the judgment is subject to res judicata or executory power of the judgment in question, or where the judgment in question does not directly affect the effect of the judgment in question, at least a case where the legal status of the person seeking the intervention in the lawsuit is determined based on the premise of the judgment (see, e.g., Supreme Court Order 2014Ma4009, May 29, 2014). 2) With respect to the instant case, as alleged by the Defendant’s Intervenor, the circumstance that the Plaintiff secured the status of the shareholder of the Defendant company in this case, which would result in the Defendant’s failure of the Plaintiff to be liable for the payment of the bill to the Plaintiff is merely an economic interest, and thus, the Defendant’s legal status of the Intervenor does not accept the application for intervention.

2. Facts of recognition;

A. Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company established by E and D on November 15, 2002 for the primary purpose of manufacturing waste plastics and recycling waste resources.

B. The defendant company of March 12, 2003.

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