손해배상(기)
1. Of the judgment below, the part of the claim expanded by the court below is reversed, and this part of the case is remanded to Busan High Court.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the ex officio judgment on Plaintiff B’s records, Plaintiff B submitted to the lower court an application for change of the purport of the claim and the cause of the claim, stating that it is a part of the claim against the Defendant with the net AL’s heir, and filed a lawsuit for damages claim in this case, and received a favorable judgment in the first instance court, and the remaining Plaintiffs (the heir of the network AL) except Plaintiff G entered into an agreement on division of inherited property with the content that Plaintiff A succeeds to the statutory inheritance of Plaintiff B on March 14, 2014. The Plaintiffs’ legal representative submitted on April 7, 2014, an application for change of the purport of the claim and the cause of the claim, stating that “the lawsuit in this case is withdrawn following the agreement on division of inherited property.” The Defendant was served with the application for change on April 8, 2014, and thereafter did not raise an objection to the withdrawal of the lawsuit within two weeks
Therefore, among the instant lawsuits, the part of Plaintiff B’s claim was submitted to the lower court on April 7, 2014, and the application form for alteration of the purport of the claim and the cause of the claim was served, and the Defendants failed to raise an objection within two weeks, and thus, the lawsuit was lawfully withdrawn and the lawsuit is no longer pending before the lower judgment is rendered, and the court cannot make a trial and determination
Nevertheless, the lower court rendered a judgment that dismissed the Defendant’s appeal on the part of the case, excluding this, and conducting an examination on the withdrawal of the said lawsuit.
The court below erred by misapprehending the legal principles on the disposal right principle as stipulated in Article 203 of the Civil Procedure Act.
2. Examining the reasoning of the Defendant’s ground of appeal against the remainder of the Plaintiffs except Plaintiff B in light of the relevant legal principles and records, the lower court, based on its stated reasoning, set the amount of consolation money for the victims, their spouses, parents, and children of this case at the time of the original trial, and set Plaintiff B.