약정금
1. The Defendants shall jointly and severally serve as KRW 90,000,000 on the Plaintiff and as a result, from September 11, 2015 to September 30, 2015.
1. Defendant B’s judgment on the main defense of Defendant B’s main defense has changed the cause of the claim recorded in the complaint through a preparatory document dated December 3, 2015 (see, e.g., an application for change of the cause of the claim), and the original cause of the claim and the changed cause of the claim are not identical to that of the claim, and thus, the change is not permitted.
The modification of a claim can be made within the extent that the basis of the claim does not change, unless it substantially delays the litigation procedures (Article 262(1) of the Civil Procedure Act). The modification of the purport of the claim and the cause of the claim merely differs in the same life, or in the dispute resolution method concerning the same economic interest, if most of the previous litigation data can be used for the purpose of hearing a new claim, the litigation procedures shall not be significantly delayed, and the modification of the purport of the claim and the cause of the claim
(See Supreme Court Decisions 97Da4416 Decided April 24, 1998, and 2010Da28338 Decided March 29, 2012, etc.). In light of the records, the Plaintiff sought “payment of KRW 100,000,000 based on each written agreement prepared by Defendant B” in the instant complaint and sought “payment of KRW 100,000 on the ground that Defendant B acquired KRW 100,00,000 from the Plaintiff on July 10, 2012” through the preparatory document written on December 3, 2015, it is recognized that the Plaintiff changed the cause of the claim.
Meanwhile, according to the statement No. 1 (including the number of branch numbers) and each of the following evidence, the Plaintiff invested KRW 100,000,000 in D Co., Ltd. (the name of the former corporation E Co., Ltd.) in which he/she is the representative director upon the recommendation of Defendant B on July 10, 2012, and then received each written statement from the Defendants around October 7, 2012, if the said investment was not paid later, and thereafter, Defendant B wishes to pay the Plaintiff or divide the profits from the Plaintiff.