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(영문) 의정부지방법원 2013.12.05 2010가합12316
공사대금
Text

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

2. The plaintiff's claims against the defendants are all dismissed.

3...

Reasons

1. Determination as to whether to grant or grant a supplementary participation

A. The Plaintiff’s Intervenor (hereinafter “ Intervenor”) was a company selling steel products and supplied steel products in an amount equivalent to KRW 1,053,247,579 in total to the Plaintiff, and received a promissory note in an amount equivalent to the said amount, but was refused to pay all of them. On July 13, 2009, the Plaintiff’s Intervenor was paid KRW 297,542,000 via a bill insurance, and the payment order was issued to pay the remainder of KRW 755,705,579 in the face of KRW 755,705,579 in the face of the Promissory Notes (Seoul District Court Branch Notes 201,1062 Promissory Notes).

Therefore, I would like to participate in the instant lawsuit.

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 fact, economic or emotional interest, and it 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, it refers to a case where the legal status of a person who intends to participate in an assistance is determined on the premise of the judgment

Therefore, as to the intervenor who is merely a mere creditor of the plaintiff, the legal status of the intervenor cannot be deemed to have changed according to the result of the lawsuit in this case, and the above reasons for the intervenor's participation are merely a factual or economic interest. Thus, it is difficult to see that the intervenor has a legal interest in the result of the lawsuit in this case, and therefore, there is no reason for participation in the intervention in this case.

2. The plaintiff's assertion

A. The primary claim is that the representative council of occupants' representatives of defendant A apartment is the representative council of occupants' representatives of the case.

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