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1. The instant lawsuit shall be dismissed.
2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.
Reasons
1. The Intervenor asserted by the Plaintiff (hereinafter “Supplementary Intervenor”) lent KRW 70 million to the Defendant, and the Defendant, around July 2014, decided to pay to the Intervenor the above loan and interest KRW 21 million up to July 2015.
The Plaintiff acquired a claim amounting to KRW 91 million (hereinafter “instant claim”) from the Intervenor on April 2017, 201, including the foregoing borrowed money and interest accrued therefrom, from the Intervenor, and the Defendant is obliged to pay the said money and interest accrued therefrom.
2. Whether the lawsuit of this case is legitimate or not, the defendant asserts that the plaintiff was transferred the claim of this case from the supplementary intervenor in order to bring the lawsuit of this case even though there is no reason to get the claim transferred from the supplementary intervenor, which seems to the purport that the plaintiff's standing is disputed.
In principle, the right holder who has the right to manage and dispose of the rights or legal relations which are the subject of a lawsuit is qualified as a party.
However, even if a third party is a party, there are cases where the standing to be a party to a certain right or legal relationship is granted or a litigation performance right is granted by the original right holder according to his/her will, as prescribed by law, but such voluntary litigation trust is limited to cases where it is deemed reasonable to recognize it as it is not in accordance with the legal method, such as the principle of representation as provided by Article 87 of the Civil Procedure Act or the prohibition of a litigation trust as provided by Article 6 of the Trust Act, etc. (see, e.g., Supreme Court Decision 2010Da87474, May 10, 2012). In addition, where the assignment of claims, etc. primarily takes place with the intention of having the litigation conduct, even if the assignment of claims does not fall under a trust under the Trust Act, Article 6 of the Trust Act is applied mutatis mutandis, and whether it is the primary purpose of having the litigation conduct is.