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(영문) 대구지방법원 2015.06.04 2014나17549
대여금(변경 : 약정금)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. The Plaintiff’s claim on April 30, 2015 is asserted.

Reasons

1. Whether an application for alteration of the purport and cause of the claim is lawful;

A. On April 30, 2015, the Plaintiff asserted that the Plaintiff made an oral application for change of the purport of the claim and the cause of the claim on the date of the second pleading of the trial court.

The purport of the claim is to claim payment of KRW 15,00,000, which is agreed that the plaintiff shall pay KRW 15,000,000 to the plaintiff in installments between B and B on January 28, 2015, since the defendant's joint and several surety agreed that KRW 15,00,000 shall be paid in installments from March 25, 2015 to the plaintiff, the defendant shall be liable to pay KRW 15,00,000 to the plaintiff.

B. A change in the claim can be made within the extent that the basis of the claim does not change, unless it substantially delays the litigation procedures (Article 262(1) of the Civil Procedure Act). The change in the purport of the claim and the cause of the claim merely differs in the method of resolution in the same living facts or other disputes related to economic interests, such as economic interests, is not a change in the basis of the claim, and where most of the previous litigation data can be used for the purpose of examining the new claim, it cannot be said that the delay in the litigation procedures would

(See Supreme Court Decision 207Da56524 Decided March 12, 2009). The Plaintiff initially set KRW 30,00,000 on January 25, 201 to B below the original Defendant as the interest rate of KRW 3% on September 22, 2011; KRW 30,000 on April 7, 201 as the interest rate of KRW 30,000 on July 7, 201; KRW 0,000 on April 13, 201; KRW 30,00,00 on April 13, 201 as the payment period of KRW 30,00 on April 13, 201; KRW 0,00 on March 31, 207; KRW 0,00 on December 31, 201; and the payment period of KRW 30,00 on May 31, 201, 3031.

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