Article 267(2) of the Civil Procedure Act provides, “A person who has withdrawn a lawsuit subsequent to the final judgment on the merits shall not institute the same lawsuit.” This is a restrictive provision to the effect that the withdrawal of a lawsuit would dance with the efforts of courts, which are parties to the judgment, and prevent the final judgment from being satisfed by the parties to the lawsuit. Thus, even if a person withdraws a lawsuit after the final judgment on the merits is made, if there are justifiable circumstances that require the lawsuit without going against the purport of

(2) On June 25, 2009, the Plaintiff filed an application for amendment of the purport and cause of the claim with the court of first instance to the effect that: (a) the Plaintiff filed a claim for the damages for delay calculated at the rate of 24% per annum from July 15, 2016 to the date of full repayment (hereinafter “former claim”); and (b) the Plaintiff filed an application for amendment of the purport and cause of the claim with the court of first instance to the effect that the Defendant’s partial repayment was preferentially appropriated for the principal; and (c) the Plaintiff filed an application for amendment of the purport and cause of the claim with the court of first instance to the effect that the Plaintiff filed an application for amendment to the purport and cause of the claim with the court of first instance to the effect that the Plaintiff did not claim for the damages for delay from July 15, 2016 to the date of partial repayment; and (d) filed an application for amendment to the purport of the claim with the Defendant on July 28, 2015 to the effect that the Plaintiff did not claim for amendment.