손해배상(기)
1.The judgment of the first instance shall be modified as follows:
All of the plaintiff's claims are dismissed.
2. The Plaintiff’s total costs of litigation.
1. The court's explanation on this part of the basic facts is the same as the pertinent column among the reasons for the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act.
2. Whether any additional cause of the claim is legitimate;
A. On January 20, 2015, the Plaintiff filed an application for additional grounds for the claim with the purport of seeking KRW 20,000,100 as part of the claim, by asserting that the Plaintiff sustained damages equivalent to the same amount after being sentenced to a fine of KRW 14,00,000 as Incheon District Court Decision 201Da1301, which was sentenced to a fine of KRW 223,294,058, due to the Defendant’s tort during the trial (a selective consolidation with the existing claims).
B. The modification of a claim for judgment can be made until the closing of pleadings in fact-finding proceedings to the extent that the foundation of the claim does not change, unless it is obvious to delay proceedings
(Article 262(1) of the Civil Procedure Act. The modification of the purport and cause of a claim, which is merely a method different in the same living record or a dispute concerning the same economic benefit, may be deemed to have no modification to the basis of the claim.
On the other hand, where there is a substantial delay in litigation procedures due to the need for submission of evidence and deliberation separate from the previous litigation materials for the examination of a new claim, it may not be permitted.
(See Supreme Court Decision 2014Da89287, 89294 Decided April 23, 2015). With respect to the instant case, the Plaintiff’s previous claim is not merely a different method of resolution in a dispute over the same life or the same economic interest, but also a difference between the facts of life or economic interest, which are the subject of the dispute.