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(영문) 서울북부지방법원 2021.02.04 2019가합28328
손해배상(기)
Text

The defendant assistant intervenor's application for intervention shall be dismissed.

Defendants are jointly and severally liable to the Plaintiff for KRW 2,236,640,940.

Reasons

1. Determination as to the legitimacy of the application for intervention by the Defendant Intervenor

(a) If a person intends to participate in an assistance to assist a party in a specific litigation case, he/she shall have an interest in the result of the relevant litigation;

Here, the term “interest” refers to a case where a person has a legal interest, not in fact an interest in economic, economic, or emotional interests, and is subject to res judicata effect or executory power of the judgment, or where the legal status of a person who intends to participate in assistance is determined on the premise of the judgment (see Supreme Court Decisions 9Da12796, Jul. 9, 199; 2014Da225809, Jun. 22, 2017; 2014; hereinafter “Defendant B”). (B) The participant is entitled to execution with the original copy of the settlement protocol on real estate indicated in the attached list owned by the Defendant B (hereinafter “Defendant B”), and the Plaintiff received the entire claim under the above settlement protocol from G (hereinafter “G”), which was subject to compulsory execution with respect to real estate recorded in the list of successors in the attached list, and thereby loses the Plaintiff’s claim for the provisional seizure in the above case where the Plaintiff was subject to a decrease in the proceeds of sale and/or compulsory execution.

However, the above interests asserted by the Defendant’s Intervenor are nothing more than the factual and economic interest in the outcome of the instant lawsuit, and otherwise, the Defendant’s Intervenor is entitled to res judicata or executory power of the instant judgment, or the Defendant’s Intervenor’s claim against the Defendant B is extinguished or terminated according to the outcome of the instant lawsuit.

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