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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
3. The Plaintiff’s claim on December 4, 2014 is asserted.
Reasons
1. Whether an application for alteration of the purport and cause of the claim is lawful;
A. The Plaintiff asserted that the Plaintiff filed an application for change of the purport and cause of the claim in the trial on December 4, 2014, by filing an application for change of the purport and cause of the claim.
The purport of the claim is to claim for the payment of KRW 9,00,000 and the delay damages thereof. The claim is that "the plaintiff lent KRW 10,000,000 to C on December 15, 2003, with the due date specified on February 28, 2004, and only KRW 1,000,000,000. The defendant is liable to pay the plaintiff the loan amounting to C as the above loan obligation owed to the plaintiff is jointly and severally guaranteed by C, and thus the defendant is obligated to pay the loan amounting to KRW 9,00,000 and the delay damages 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 2007Da56524 Decided March 12, 2009). The Plaintiff initially lent KRW 5,000,000 to the Defendant on August 23, 2003 as the interest rate of KRW 5%, and the due date of repayment on December 23, 2003, sought payment of the above loan principal and interest of KRW 19,494,520, and the delay damages therefrom against the Defendant. On December 15, 2003, the Plaintiff sought payment of the above loan principal and interest of KRW 19,494,520 and the delay damages. On December 15, 2003, the Plaintiff borrowed KRW 10,000 to C under a joint and several surety of the Defendant for the payment of KRW 10,00,000 on February 28, 2004.
However, the claim that was changed in exchange for the previous claim and the current trial is leased by the other party.