1. An application for change of the purport and cause of the claim filed by the Plaintiff at the trial of March 2, 2020 is not permitted.

2...

1. A judgment on an application for change of exchange of a claim may alter the purport or cause of the claim until the closing of pleadings, unless the basis of the claim is changed. However, where a significant delay in litigation procedures is permitted (Article 262(1) of the Civil Procedure Act). In the event of a change in the claim, the court may render a decision not to allow the use of the previous litigation data to hear a new claim, and where it substantially delays litigation procedures by submitting separate evidence and hearing.

(see Supreme Court Decision 2017Da211146, May 30, 2017). In particular, considering that an appeal is limited only when there is a violation of the Constitution, Acts, subordinate statutes, orders, or rules that affected the judgment, the appellate court’s amendment to a claim in the appellate trial ought to be more strictly determined as to whether to grant permission, unless the other party agrees to the other party’s interest.

On or before July 28, 2017, the Plaintiff filed the instant lawsuit seeking the payment of principal amounting to 225,000,000,000 of the loan certificate (Evidence A1) as of June 29, 2015, and damages for delay. At the first instance court, the Plaintiff changed the cause of claim to seek the payment of principal amounting to KRW 225,00,000,000, which is part of the principal amount of the loan certificate (Evidence A 44) as of September 8, 2016 at the first instance court, as of KRW 600,000,000, which is a part of the principal amount of the loan certificate (Evidence A 444), and filed an application for change of the purport of claim and the cause of claim as of March 2, 2020, and filed an application for change between the Plaintiff and the Defendants for the remainder of the loan claim as of October 10, 2014 to August 17, 2016.

The claim that the plaintiff filed an application for change in exchange includes monetary transaction, which is the cause of the previous claim, and the court of first instance asserts the overall monetary transaction with the defendants, and submit a list arranging the details.