1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. The Plaintiff’s total costs of litigation.

According to the records of this case, the following facts are acknowledged in the process of this Court's litigation.

In the first instance court, the Plaintiff claimed to the Defendant for the amount of KRW 50,000,000 as agreed upon on December 13, 2013 and damages for delay.

The Plaintiff filed a complaint against the Defendant and E in fraud regarding the above KRW 50,000,00.

E repaid to the Plaintiff the sum of KRW 50,000,000 on September 22, 2017 and November 1, 2017, and the Plaintiff was paid KRW 9,000,000 with the agreed amount from E around January 9, 2018, and the Plaintiff withdrawn the said complaint.

The defendant jointly and severally guaranteed the payment obligation of the above agreed amount.

On April 5, 2018, the Plaintiff filed a claim with the Defendant for the amount of KRW 4,500,000 payable by E among the guaranteed debt of KRW 9,00,000,000 as of January 9, 2018 and damages for delay, and subsequently changed the purport of the claim and the grounds for the claim in exchange.

On April 13, 2018, the Plaintiff withdrawn the instant lawsuit on the ground that the Plaintiff received reimbursement of KRW 4,500,000 from E.

On April 18, 2018, the defendant submitted a written consent to the withdrawal of the lawsuit to the effect that "the plaintiff does not consent to the withdrawal of the lawsuit from April 13, 2018."

The plaintiff of the legality of alteration of a claim for exchange may alter the purport or cause of the claim until the conclusion of pleadings is completed, to the extent that the basis of the claim is not altered.

, however, the same shall not apply if the proceedings are significantly delayed.

(Article 262(1) of the Civil Procedure Act. An exchange change in a claim is an act under the Civil Procedure Act in which the continuation of an existing claim is extinguished and the court’s decision on a new claim is sought.

Except as otherwise expressly provided, the provisions concerning the proceedings of the first instance shall apply mutatis mutandis to the proceedings of the appellate court (Article 408 of the Civil Procedure Act), so the exchange of claims may also be changed even in the appellate court

(see, e.g., Supreme Court Decision 83Meu514, Feb. 14, 1984). The Plaintiff’s claim against the Defendant in the first instance trial, and the Plaintiff’s claim changed in exchange for exchange.