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(영문) 서울중앙지방법원 2019.01.11 2018가단28363
청구이의
Text

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

2. The defendant's Seoul Central District Court on June 2008 against the plaintiff.

Reasons

1. Basic facts

A. On July 30, 1999, the Defendant filed a lawsuit against the Plaintiff and B for the claim for reimbursement by the Seoul District Court 99Da183399 on July 30, 199, and was sentenced to a judgment in favor of all of the parties on October 7, 199. The judgment became final and conclusive on November 5, 199.

The cause of the claim was that B entered into a credit guarantee agreement with the Defendant in obtaining a loan from C Co., Ltd., and the Plaintiff jointly and severally guaranteed all the Defendant’s debt owed to B, and the Defendant sought reimbursement from the Plaintiff and B on the ground that he subrogated to the Defendant’s debt owed to B.

B. On February 18, 2008, the Defendant filed a lawsuit for the claim for reimbursement with the same content as Seoul Central District Court Decision 2008Da51425 on February 18, 2008, and was sentenced to a favorable judgment on June 12, 2008 (hereinafter “instant judgment”).

The judgment became final and conclusive on July 3, 2008.

[Reasons for Recognition] The substantial facts in this Court and the purport of the whole pleading

2. On September 27, 2012, when the Plaintiff filed a motion for intervention against the Defendant for compulsory execution based on the instant judgment, the Defendant’s succeeding intervenor filed a motion for intervention by asserting that the Defendant succeeded to the right which is the subject of the instant lawsuit from the Defendant, by asserting that the Defendant transferred the claim under the instant judgment (hereinafter “instant claim”) to the succeeding intervenor and notified the Plaintiff of the transfer.

According to Article 81 of the Civil Procedure Act, an intervention by succession may be permitted in cases where a third party asserts that he/she succeeded to all or part of the right or obligation which is the object of the lawsuit while the lawsuit is pending before the court. The time when the defendant succeeding intervenor asserts that he/she acquired the claim of this case from the defendant is clear that it is before March 26, 2018, the filing date of the lawsuit of this case. Thus,

3. The plaintiff's assertion.

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