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(영문) 서울중앙지방법원 2020.01.17 2019가단5195586
면책확인
Text

1. The defendant succeeding intervenor's request for intervention shall be dismissed;

2. The plaintiff of E-Limited Company.

Reasons

1. On February 27, 2019, the defendant succeeding intervenor filed an application for intervention under Article 81 of the Civil Procedure Act by asserting that on February 27, 2019, the defendant acquired the claim under the judgment under Paragraph 2 of the Disposition from the defendant.

On the other hand, participation in succession to the right under Article 81 of the Civil Procedure Act requires that the succession to the right, which was the object of the lawsuit, takes place during the course of the lawsuit (see, e.g., Supreme Court Decision 83Meu1027, Sept. 27, 1983). The fact that the lawsuit in this case was brought on March 7, 2019 and the fact that the duplicate of the complaint in this case was served on the defendant on March 18, 2019, is apparent in the record. Since the defendant succeeding intervenor acquired the above claim before the lawsuit in this case was instituted, the application for intervention by the defendant succeeding intervenor is unlawful.

2. The grounds for raising an objection against the Plaintiff’s claim against the Defendant are to extinguish all or part of the claim indicated in the enforcement title, and to permanently or temporarily invalidate it. In addition, the grounds for losing the obligee’s standing to enforce the said claim, such as transfer of the claim, may constitute grounds for objection.

In the event that a claim against a principal obligor is transferred due to the subsidiary nature or accompanying nature of the principal obligation, unless otherwise stipulated by the parties, the claim against the guarantor shall also be transferred. In this case, the requirements for setting up against the transfer of the claim shall be satisfied if they meet the requirements for setting up against the principal obligation, and there is no need to separately set up the requirements for setting up against the principal obligation. However, if the principal obligor notifies the guarantor of the fact of the transfer of the claim, and fails to notify the principal obligor, if he recognizes the opposing power against the guarantor, it is contrary to the subsidiary nature or accompanying nature of the principal obligation of the guaranteed obligation, and even if the guarantor pays to the assignee, it cannot be claimed against the principal obligor, and

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