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(영문) 서울중앙지방법원 2021.02.10 2020나11161
공사대금
Text

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

2. The costs of lawsuit resulting from the intervention in the co-litigation.

Reasons

Co-litigation pursuant to Article 83(1) of the Civil Procedure Act shall be allowed to a third party only if the purpose of the lawsuit between the other party and the third party becomes final and conclusive on the basis of the parties and the third party, i.e., the effect of the judgment on the lawsuit between the other party is limited to the third party.

In that sense, there is no ground to view that the judgment of this court 2020Na 10922 against the plaintiff's co-litigation, for which the plaintiff's co-litigation filed an application for intervention in the co-litigation, also affects the plaintiff'

The application for intervention in the instant co-litigation is not a requirement for intervention, and thus, it cannot be corrected. Thus, it is dismissed without pleading pursuant to Article 219 of the Civil Procedure Act.

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