beta
Text
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. With respect to the legitimacy of a change in a claim, the change in the claim can be made within the extent that the basis of the claim is not changed unless it substantially delays the litigation procedures (Article 262(1) of the Civil Procedure Act). In a case where most of the previous litigation data can be used for the purpose of examining a new claim, the litigation procedures cannot be substantially delayed. The change in the purport of the claim and the cause of the claim merely, which differs in the same life or in the same economic interest dispute, do not change in the basis of the claim.
(See Supreme Court Decision 97Da4416 Decided April 24, 1998, and Supreme Court Decision 2010Da28338 Decided March 29, 2012, etc.). According to the reasoning and records of the lower judgment, the Plaintiff initially filed a claim for damages following the cancellation of the instant transfer contract, and subsequently subsequently changed the claim to the original state upon the cancellation of the instant membership contract. The Plaintiff exchanged the claim to the lower court. The above claims are all disputes surrounding the realization of the instant golf club membership owned by the Plaintiff and are related to the same facts of life or economic interest as disputes arising over the realization of the instant golf club membership, and only the legal composition is different.
As such, the basis of the claim is the same.
The judgment of the court below to the same purport is just, and there is no error in the misapprehension of legal principles as to the requirements for modification.
2. Even if the judgment does not specify the specific and direct determination of the matters alleged by the parties with respect to the omission of judgment as to the allegation of mutual aid, if it is possible to find out that the allegation was cited or rejected in light of the overall purport of the reasons for the judgment, it may be said to be omitted