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(영문) 부산고등법원 2015.05.14 2012나5780
채무부존재확인
Text

1. Of the judgment of the first instance court, the part against Plaintiff (Counterclaim Defendant) F shall be revoked.

2. The plaintiff (Counterclaim defendant) F.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of

2. Where an intervenor who rendered a judgment on a counterclaim and a counterclaim between the plaintiff B, E, M, P, Q, R, and the defendant lost the intervenor in the lawsuit even though the intervenor supported the intervenor and jointly participated in the lawsuit, it is recognized that the supplementary intervenor under the principle of equity has the effect of participating in the lawsuit that it cannot be asserted that the supplementary intervenor lost the intervenor's judgment against the intervenor based on unfair judgment (see Supreme Court Decision 86Meu289, Dec. 13, 198). The effect of the final judgment in the previous lawsuit is de facto and legal judgment that form the basis of the conclusion of the final judgment in the previous lawsuit, and the effect of the supplementary intervenor's assertion or dispute with the intervenor's common interest in the lawsuit (see Supreme Court Decision 95Da42133, Sept. 5, 197). According to the above entry in the lease contract between the plaintiff B, E, P, Q, the tenant, and each of the above plaintiffs are liable for damages arising from each of the above insurance claims as the plaintiff's insurance claims and the plaintiff's respective participation in the insurance contract of this case.

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