(심리불속행)비록 청구취지가 특정되었다 하더라도 청구원인에서 그 권리의 발생시기 및 원인까지 명확히 밝혀야 비로서 소송물이 특정됨[국승]
Seoul Western District Court 2013Na8445 (20 June 20, 2014)
(A) Even if the purport of the claim is specified, the cause of the claim must be clearly stated from the cause of the claim to the time and cause of the occurrence of the right.
(Summary) Even if the claim is specified, in the case of a relative and non-exclusive right, such as a damage claim, a number of claims can be established between the same parties depending on the time of occurrence and the cause of occurrence. Therefore, without clearly disclosing the time and cause of occurrence of the right in the cause of claim, it is inappropriate
2014Da51305 Compensation, etc.
KimA
1. Chapter BB 2. LCC 3. WhiteD 4. Korea
Seoul Western District Court Decision 2013Na8445 Decided June 20, 2014
All appeals are dismissed.
The costs of appeal are assessed against the Plaintiff.
Examining the lower judgment and the grounds of appeal, the grounds of appeal by appellant are not included in the grounds of appeal under each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, or are deemed to fall under each subparagraph of paragraph (3). Thus, the appeal is dismissed under Article 5 of the same Act. It is so decided as per Disposition