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(영문) 서울중앙지방법원 2018.09.19 2017가단5156235
채무부존재확인
Text

1. The defendant succeeding intervenor's request for intervention shall be dismissed;

2.The following joint and several liability obligations shall exist:

Reasons

1. According to Article 81 of the Civil Procedure Act ex officio judgment on the legitimacy of participation in succession, where a third party succeeds to the whole or part of the right or obligation which is the object of lawsuit while the court is pending, such third party may apply for participation in succession to the court in which the lawsuit is pending. Such an application for participation in succession constitutes a kind of lawsuit, and such

A case constitutes a litigation requirement and required to participate

If there is any defect in a case, the application for intervention shall be rejected by a judgment following pleadings.

(See Supreme Court Decision 2011Da85789 Decided April 26, 2012). The Plaintiff filed the instant lawsuit against Defendant FF Co., Ltd. (hereinafter “Defendant F”) seeking confirmation that the Plaintiff did not have the Plaintiff’s joint and several liability with respect to the Defendant FF’s loan claim against Defendant FF Co., Ltd. (hereinafter “Defendant F”).

On December 14, 2017, the Defendant’s succeeding intervenor filed an application for intervention in the succession on the ground that Defendant F had transferred the claim for loans to Defendant F with the primary debtor I, while the instant lawsuit was pending.

According to the brief submitted by the Defendant’s Intervenor on April 9, 2018 and the accompanying documents, Defendant F entered into a contract on December 14, 2017 on the acquisition of claims against the principal obligor I to the Defendant’s Intervenor. On the 29th of the same month, the notice of assignment of claims to I was sent to I by content-certified mail, but the content-certified mail is not delivered by the addressee’s unknown address.

As such, insofar as it cannot be deemed that there was a legitimate notification of the assignment of claims against I, who is the principal obligor, the Defendant’s succeeding intervenor cannot assert the assignment of claims against the Plaintiff, who is the joint and several obligors, and thus, the Defendant’s succeeding intervenor cannot be deemed to have received the subject matter of the lawsuit in this case from

Therefore, the defendant succeeding intervenor's motion

Since there is a defect in a case, it is unlawful.

2. Judgment on the merits

A. 1) The I is a lending relationship (A) on July 2015.

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