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(영문) 인천지방법원 2016.12.01 2016나59808
잔여채무분담청구
Text

1. The plaintiff's appeal is all dismissed.

2.The action for the preliminary claim added at the trial shall be dismissed.

Reasons

1. The reasoning for the court’s explanation as to this case is as follows, except for the addition of the following: (a) the reasoning for the judgment of the court of first instance concerning the lawfulness of the conjunctive claim added in the trial; and (b) the reasoning for the judgment of the court of first instance is stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the lawsuit on the conjunctive claim is lawful

A. According to the records of recognition, the following facts can be acknowledged:

1) On September 22, 2016, the court of the competent trial ordered the Plaintiff Union to submit a statement of grounds for appeal and necessary evidence by October 13, 2016, via an order to make a statement of reasons for appeal and an order to make a statement of reasons for appeal, and notified the Plaintiff Union of the rejection of a new assertion or application for evidence submitted with the above time limit pursuant to Articles 408 and 149 of the Civil Procedure Act. 2) On November 16, 2016, the Plaintiff Union submitted an application for an amendment of the purport of adding a preliminary claim to the effect that “the payment of liquidation balance upon the completion of the liquidation of the Plaintiff Union” would be “the payment of liquidation balance upon the completion of the liquidation of the Plaintiff Union.” On November 17, 2016, the Plaintiff Union appeared and stated

3) Defendant E did not appear on the date of pleading and did not receive an application for modification of the purport of the claim and the cause of the claim. Accordingly, the pleadings were concluded without disclosing any intention on the ancillary claim of the Plaintiff Union. B. 1) The modification of the purport of the claim and the cause of the claim of the Plaintiff Union is likely to delay the completion of the lawsuit, and constitutes a means of attack and defense against the

2) A lawsuit for future performance may be instituted only where a prior claim is required. A lawsuit for the preliminary claim added in the first instance trial does not require a prior claim for the liquidation amount without going through the liquidation procedures and there is no other evidence to acknowledge it otherwise. 3) The lawsuit for the preliminary claim added in the trial is unlawful.

3. Accordingly, the judgment of the first instance court is just, and the plaintiff's appeal is dismissed as it is without merit, and at the trial.

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