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(영문) 서울남부지방법원 2020.05.21 2020나54072
대여금
Text

1. The application for intervention in the instant co-litigation shall be dismissed.

2. The costs of lawsuit resulting from the application for intervention in the co-litigation shall be.

Reasons

ex officio, we examine the legitimacy of the application for intervention in the instant co-litigation.

Co-litigation pursuant to Article 83(1) of the Civil Procedure Act is permitted only when the subject matter of lawsuit between one party and the third party should be confirmed jointly with the other party.

(see, e.g., Supreme Court Decision 2011Da63758, Jun. 28, 2012). However, the loan case between the Plaintiff and the Defendant that is the party to the relevant judgment is effective, and the third party’s co-litigation does not extend to the third party.

In addition, even if all the reasons for the participation of the applicant for intervention in the co-litigation are examined, there is no legal relationship that can be confirmed jointly with the above parties in the case.

Therefore, the petition filed by the applicant for intervention in the instant co-litigation is unlawful as it does not meet any of the requirements for intervention.

Therefore, since the application for intervention in the instant co-litigation is unlawful and cannot be corrected, it is so decided as per Disposition by the assent of all participating Justices on the bench pursuant to Article 219 of the Civil Procedure Act.

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