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(영문) 청주지방법원 영동지원 2018.10.05 2017가단666
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Whether the Plaintiff’s application for change of claim is permissible;

A. The Plaintiff claimed at the complaint that the Plaintiff and the Defendant returned KRW 150 million of the value of the Plaintiff’s acceptance on April 1, 2014 under a contract for share acquisition concluded on April 1, 2014. On April 27, 2018, the Plaintiff changed the Plaintiff’s claim to the effect that the instant claim is a loan claim on April 27, 2018, and that the details are KRW 50 million of the loan as of January 27, 2014, and KRW 50 million of interest on the loan, and KRW 50 million of the loan as of June 11, 2014 (hereinafter “instant application for change”).

(2) On July 27, 2018, the above part of the interest was withdrawn on the seventh day for pleading. (2) The Defendant asserts to the effect that the above changed claim and the previous claim are not legitimate changes because they fall under the case where the identity of the claim is not recognized and the litigation procedures are substantially delayed.

B. Determination 1) Article 1(1) of the Civil Procedure Act provides that “The court shall endeavor to have the litigation procedures progress in a fair, speedy, and economic way.” Of them, in order to realize the ideal of prompt and economic ideology, it is necessary to prevent delay in the litigation by the parties. Accordingly, the Plaintiff may alter the purport or cause of the claim until the pleadings are concluded to the extent that the grounds of the claim are not altered, but is not allowed if the litigation procedures are substantially delayed (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 former litigation data to be used to hear a new claim, and where the litigation procedures are not significantly delayed by submitting separate evidence and hearing (see, e.g., Supreme Court Decision 2017Da21146, May 30, 2017).

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