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(영문) 서울중앙지방법원 2017.09.19 2016가단5309087
손해배상(기)
Text

1. The application for intervention by the defendant assistant shall be dismissed;

2. The defendant shall pay 20,000,000 won to each of the plaintiffs.

Reasons

1. In order to intervene in a lawsuit in order to assist one of the parties in a specific litigation case as to whether the motion for intervention by the intervenor joining the defendant is legitimate or not, there must be interests in the outcome of the lawsuit concerned. The term "interest" refers to a legal interest, not a de facto economic or emotional interest, and it refers to a case where res judicata or executory power of the judgment in the lawsuit concerned is obtained as a matter of course, or where the judgment does not directly affect the effect of the judgment in question, it refers to a case where the legal status of

(see, e.g., Supreme Court Decisions 99Da12796, Jul. 9, 199; 2005Da19156, Apr. 26, 2007). The part of the Intervenor joining the Defendant claiming compensation for delay and damages in lieu of defect repair against the Defendant is that the Intervenor joining the Defendant actually received the Plaintiff’s request or instruction, and thus, the Intervenor asserted that there was an interest in the outcome of the instant lawsuit and applied for intervention.

However, there is no evidence to acknowledge that the Defendant’s Intervenor had a legal interest in the outcome of the instant lawsuit, and thus, the Defendant’s motion for intervention in the Intervenor’s Intervenor’s Intervenor’s Intervenor’

[Supplementary participation by the Intervenor is lawful, where the intervenor's procedural acts are against the intervenor's procedural acts, the intervenor's procedural acts are not effective (Article 76 (2) of the Civil Procedure Act). In the case of this case, as seen below, the defendant led to the confession of the plaintiffs as to the facts alleged by the plaintiff, and thus the intervenor cannot dispute them.]

2. Since there is no dispute between the plaintiffs and the defendant with respect to the facts stated in the separate sheet of claim as to the cause of claim, the defendant is against each of the plaintiffs.

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