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(영문) 서울중앙지방법원 2016.09.22 2016가합509551
양수금
Text

1. As to the Plaintiff’s Intervenor’s Intervenor’s 808,576,145 won and its KRW 405,57,468, the Defendant shall start from November 24, 2015.

Reasons

1. Determination as to the claim of the Plaintiff’s succeeding intervenor

(a)in addition to the description of the claim and the reasons for participation;

(Provided, That the “creditor” and “debtor” shall be deemed to be the “Plaintiff” and “Defendant”, respectively. (b)

Article 208(3)3 of the Civil Procedure Act (Judgment by service) of the applicable provisions of Acts

2. The plaintiff's claim and the succeeding intervenor's claim are valid as ordinary co-litigation in the event that the plaintiff does not withdraw from the lawsuit even though the plaintiff participated in the judgment on the plaintiff's claim, and the succeeding intervenor's claim are all effective as a part of ordinary co-litigation (see, e.g., Supreme Court Decision 2002Da16729, Jul. 9, 2004). The plaintiff claims as stated in the grounds for the plaintiff's claim. However, according to the purport of the whole pleadings, the plaintiff can be acknowledged that the plaintiff transferred all joint and several liability claims against the defendant to the plaintiff succeeding intervenor on June 9, 2016. Thus, the plaintiff's above assertion is without merit without merit.

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