(영문) 서울남부지방법원 2017.01.19 2015가합4000

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(영문) 서울남부지방법원 2017.01.19 2015가합4000

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff initially claimed the return of the above loan from May 2010 to September 2010 (hereinafter “instant claim”) against the Defendant on the ground that the Plaintiff leased a total of KRW 299,50,000 to the Defendant, and subsequently, applied for the change of the claim and the cause of the claim made on December 19, 2016 between the Plaintiff and the Defendant that the Korea Electric Power Corporation agreed to pay to the Plaintiff the remainder, excluding 4.5% (excluding value-added tax) out of the amount of the goods paid to the Defendant by the Defendant, with the agreement between the Plaintiff and the Defendant that the Defendant would pay the Plaintiff the remainder, excluding 4.5% (excluding value-added tax) of the amount of the goods paid by the Defendant, the Plaintiff changed the claim and the cause of the claim (hereinafter “instant claim”).

To the contrary, the change of the claim can only be made unless the basis of the claim is changed (Article 262(1) of the Civil Procedure Act). The claim of this case on the ground that the plaintiff lent money to the defendant, and the defendant's change on the ground that there is a settlement agreement between the plaintiff and the defendant as to the amount received from the Korea Electric Power Corporation is based on a separate legal fact, and it cannot be deemed a dispute on the same living facts or identical economic interests. Thus, the change of the claim of this case cannot be deemed as satisfying

(A) On December 22, 2016, the Defendant expressed his intention not to consent to the modification of the claim in this case in the preparatory document. Accordingly, it is not allowed to modify the purport of the claim and the cause of the claim, such as the modification of the claim in this case, and only the claim in this case shall be subject to the judgment of the court.

(A) As to the claim after the change, the plaintiff's proof on the claim is insufficient. 2. Basic facts

A. The defendant is the party to defoliants. The defendant is the Vietnam War victims.

참조조문

-민사소송법 제262조 제1항

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