비록 청구취지가 특정되었다 하더라도 청구원인에서 그 권리의 발생시기 및 원인까지 명확히 밝혀야 비로서 소송물이 특정됨[국승]
Seoul Western District Court 201Gadan19532, 27 September 2013)
Although the purport of the claim is specified, the subject-matter of a lawsuit is specified as it must be clearly stated in the cause of the claim the time and cause of the claim.
Even if the claim is specified, in the case of relative and non-exclusive rights such as the damage claim, a number of claims can be established between the same parties according to the time and cause of occurrence. Therefore, if the claim clearly states the time and cause of occurrence in the cause of the claim, it is unlawful and dismissed.
2013Na8445 Compensation, etc.
KimA
1. Chapter BB 2. LCC 3. WhiteD 4. ECE 5. Korea
Seoul Western District Court Decision 201Gadan19532 Decided September 27, 2013
May 23, 2014
June 20, 2014
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
1. Purport of claim
A. The primary purport of the claim
(1) The Defendants jointly and severally pay to the Plaintiff the amount calculated by 6% per annum from December 2, 2005 to the service date of a duplicate of the instant complaint, and 20% per annum from the next day to the day of complete payment (Partial Claim).
(2) Defendant 0D, EE, and Republic of Korea jointly and severally pay to the Plaintiff the amount calculated by jointly and severally applying 6% per annum to the service date of a copy of the instant complaint from January 15, 2010 to the service date of a copy of the instant complaint, and 20% per annum from the next day to the day of complete payment (Partial Claim).
B. Preliminary purport of claim
(1) Defendant 2B, LCC, EE, and Republic of Korea shall jointly and severally pay to the Plaintiff the amount calculated by 9% per annum from July 10, 2010 to the delivery date of a copy of the instant complaint, and 20% per annum from the next day to the day of complete payment.
(2) Defendant 0D, EE, and Republic of Korea shall jointly and severally pay to the Plaintiff the amount calculated by applying 9% per annum to the date of service of a copy of the instant complaint on July 10, 2009, and 20% per annum to the date of full payment from the next day to the date of complete payment (Partial Claim).
(1)(2) and selectively:
(3) The Defendants jointly and severally deliver to the Plaintiff the certificate of farmland purchase and sale, the certificate of permission for a land transaction contract, the receipt of money, the passbook, the seal, the receipt of goods, the stamp, the receipt of money, and the pre-entry slip.
2. Purport of appeal
Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked, and the case shall be remanded to Seoul Western District Court. The defendants jointly and severally pay OOO members and the amount calculated by the ratio of 9% per annum from June 22, 2005 to the delivery date of the copy of the complaint of this case, and 20% per annum from the next day to the date of full payment (part of claim).
1. Scope of adjudication of this court;
In the first instance court, the Plaintiff filed the same claim against the Defendants as stated in the purport of the claim, and the court of the first instance rejected all of the lawsuit as to the primary conjunctive selective claims on the grounds that the subject matter of the lawsuit is not specified. Accordingly, the Plaintiff filed an appeal against the part concerning OOO and the damages for delay in the part concerning the claim. The subject matter of the judgment by the court is limited to the claim, and thus, this part of the claim is determined.
2. Determination and conclusion
The court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance as stated in Article 420 of the Civil Procedure Act.
Therefore, the lawsuit of this case is dismissed as unlawful, and the judgment of the court of first instance is just in accordance with this conclusion, and all of the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.