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(영문) 인천지방법원 2018.08.02 2017나63255
대여금등
Text

1. The plaintiff's supplementary intervenor's application for participation shall be dismissed.

2. The Plaintiff’s appeal against the Defendants is complete.

Reasons

1. In order to intervene in a specific litigation case in order to assist one of the parties in determining the legitimacy of the application for intervention in the instant case, there must be an interest in the outcome of the relevant lawsuit. The term “interest” refers to a legal interest, not a de facto economic or emotional interest, and it refers to a case in which res judicata or executory power of the relevant judgment is granted, or even if the effect of the relevant judgment does not directly affect the relevant judgment, it refers to a case in which the legal status of a person who intends to intervene in the instant lawsuit is determined

(See Supreme Court Decision 2005Da19156 Decided April 26, 2007). The Plaintiff’s assistant intervenor asserted that the Plaintiff’s manager, who actually performed an act of paying loans, etc. to the Defendants, participated in the lawsuit of this case in favor of the Plaintiff in the lawsuit of this case. However, such circumstance alone does not lead to the Plaintiff’s assistant intervenor’s legal interest in the outcome of the lawsuit of this case. Thus, the Plaintiff’s assistant intervenor’s application for intervention in this case is unlawful

2. The reasoning of the court's explanation of this case is the same as that of the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit. Since the judgment of the court of first instance is just in conclusion, the plaintiff's appeal against the defendants is dismissed as it is without merit, and the plaintiff's motion to intervene in the plaintiff's supplementary intervenor is unlawful, and it is so decided as per Disposition.

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