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(영문) 서울서부지방법원 2016.01.20 2015가단9953
대여금
Text

1. The plaintiff's motion to intervene in the case shall be dismissed.

2. The plaintiff's claim is dismissed.

3. Of the costs of lawsuit.

Reasons

1. The Plaintiff asserts that the Plaintiff’s application for intervention by the Plaintiff’s Intervenor is lawful, and that the Defendant would claim against the Plaintiff’s Intervenor, who is the husband of the Defendant, if the Defendant did not complete payment, that the amount loaned to the Defendant was a loan for daily family affairs. Therefore, the Plaintiff’s Intervenor asserts that there was an interest

When intending to participate in a supplementary action to assist one of the parties in a specific litigation case, he/she shall have an interest in the results of the relevant lawsuit.

The term "interest" refers to an interest which refers to a legal interest rather than an interest in the economy or appraisal, and the existence of such interest means a case in which the legal status of a person who seeks to participate in assistance is determined, at least on the premise of such judgment, even though the effect of the judgment in question is naturally received res judicata or executory power of the judgment in question or does not directly affect the judgment in question.

(see, e.g., Supreme Court Order 2014Ma4009, May 29, 2014). However, the aforementioned reasons asserted by the Plaintiff Intervenor cannot be deemed as having legal interest in the outcome of the relevant lawsuit.

Therefore, the application for intervention by the Plaintiff’s assistant intervenor is unlawful as it does not meet the requirements for participation.

2. The Plaintiff asserts that the Defendant lent KRW 25 million to the Defendant and that the Plaintiff acquired KRW 5 million against the Defendant’s husband’s claim against the Defendant, and that the Plaintiff sought payment of KRW 30 million in total with the loan and the transfer money from the Defendant.

However, since the evidence submitted by the plaintiff alone is insufficient to admit the plaintiff's assertion, the plaintiff's assertion is not accepted.

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