대여금
1. The Defendants jointly and severally liable to the Plaintiff KRW 11,418,174 and Defendant B with respect thereto from November 27, 2015, and Defendant C with respect thereto.
1. The description of the claim is as set out in the application form for modification of the purport and cause of the claim dated April 1, 2016, annexed hereto.
2. Judgment based on the recommendation of confession (Article 208 (3) 2 of the Civil Procedure Act).
3. The Plaintiff’s purport of the claim prior to the change was “The Defendant jointly and severally paid to the Plaintiff 46,504,829 won and 20% interest per annum from the day following the delivery of the copy of the instant complaint to the day of full payment.” The cause of the claim prior to the change was “a loan claim based on the loan certificate issued on September 16, 2015.”
As to this, Defendant C did not have any answer, and at the time of the instant lawsuit, Defendant B, who was at the time of the filing of the instant lawsuit, was present a written answer regarding the Plaintiff’s assertion on January 18, 2016.
Accordingly, the Plaintiff changed the purport of the claim and the cause of the claim as of April 1, 2016 through an application for change of the purport of the claim and the cause of the claim. The changed purport of the claim and the cause of the claim are different from that of the claim and the cause of the claim, and thus, the legal nature of the content and the cause of the claim are different even if they differ.
On April 6, 2016, Defendant B submitted an application for extension of the date of pleading to the effect that it is impossible to submit evidentiary materials or necessary documents because it is under confinement in prison.
However, this Court did not accept the above request for postponement in consideration of the fact that the above application was submitted on the day immediately before the first date for pleading, the fact that the plaintiff is conducting the lawsuit without the attorney's help.
On April 7, 2016, the first date for pleading was opened when the Plaintiff and Defendant B appeared.
This Court had presented to Defendant B a position on the Plaintiff’s claim and its cause of claim modification as of April 1, 2016.
However, Defendant B stated, “I cannot express my position as now because I did not understand the claim of the Plaintiff properly.”