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(영문) 서울서부지방법원 2017.07.20 2016가합34694
공사대금
Text

1. Of the instant lawsuit, the part of the claim for the cost of household production, supply, and demand for the apartment building Ansan B and its model housing.

Reasons

1. The Plaintiff filed an additional application for modification of the part of the claim for the confirmation of existence of each obligation based on the purport of the claim and the written request for modification as of February 21, 2017, April 3, 2017, and May 16, 2017, with the purport that the Plaintiff filed an additional application for modification of the claim for the confirmation of existence of obligation with respect to each of the materials supply apartment and installation contracts listed in the separate sheet No. 1 as of February 21, 2017 and April 3, 2017, and the Defendant filed an additional application for modification of the claim for the confirmation of existence of obligation with respect to each of the insurance contracts listed in the separate sheet No. 2 as of May 16, 2017 (hereinafter referred to as “each of the claims in this case”). From that date, the Defendant thereafter files an additional application for modification to the claim for the confirmation of existence of obligation with respect to each of the insurance contracts listed in the separate sheet No. 2 as of May 16, 2017.

The modification of the claim does not significantly delay the proceedings and can be made until the time of closing argument in the fact-finding court to the extent that it does not change the foundation of the claim. The modification of the claim and the cause of the claim merely differs in the same life or in the same economic interest dispute, and there is no change in the foundation of the claim. In addition, in the case where most of the previous litigation data can be used for the purpose of examining the new claim, it cannot be said that

(See Supreme Court Decision 97Da4416 Decided April 24, 1998, Supreme Court Decision 2014Da89287 Decided April 23, 2015, and Supreme Court Decision 2017Da211146 Decided May 30, 2017). However, in a case where the same fact or the same economic interest is not a dispute, and the identity of the basis of the claim is not recognized, the court is unable to use most of the previous litigation data to hear a new claim, and litigation procedures are substantially conducted by submitting separate evidence and hearing.

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