채권자대위소송에 채무자의 독립당사자참가의 허용 여부

Can a Obligor is permissible a Intervention as Independent Party in Subrogation Action by Creditor?

(1) Any third person who claims that the whole or part of the object of lawsuit is his own right, or that his rights are likely to be infringed pursuant to the result of lawsuit, may intervene in the lawsuit as a party by making either side or both sides of the parties the other party(Korea Civil Procedure Act Article 79). Therefore can a obligor is permissible a intervention as independent party in subrogation action by creditor? The solution to this problem rely on fulfilling the requirements of the intervention as independent Party. And so this paper look see the topic. (2) The requirements of the intervention as independent Party is the five requisites; ① lis pendens of others, ② reason of intervention(claim of a right intervention, bad purpose prevention intervention), ③ intent of intervention(One-way intervention, both-way intervention), ④ incorporated requirements and ⑤ general litigation requirement(the right to performance of litigation and the prohibition of double lawsuits specially comes into question). (3) This paper result is allowable to a intervention as independent party in subrogation action by creditor because of fulfilling the requirements of the intervention as independent Party. So a conflict with creditor(obligee),obligor and third obligor will be able to a unifying settlement in a litigation.