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(영문) 서울고등법원 2019.11.20 2018나2073363
손해배상 등 청구의 소
Text

1. The judgment of the court of first instance is modified as follows.

Defendant B Co., Ltd., and C Co., Ltd., together with the Plaintiff, 145,00.

Reasons

1. Basic facts

A. When the judgment dismissing the instant lawsuit was rendered on the grounds that the Plaintiff’s status, etc. was an unincorporated association with respect to “A” indicated as the Plaintiff in the first instance trial, the Plaintiff filed an application for correction of the indication of the party with an unincorporated association (M Co., Ltd.) in accordance with the purport of the judgment of the first instance court, which became final and conclusive in the first instance trial.

The parties shall reasonably interpret and confirm the whole purport of the complaint, including the contents and cause of the complaint, and if the plaintiff is not deemed to have the capacity to be a party, it shall be deemed that the correction of the complaint shall be permitted as the correct party ability recognized as a result of a reasonable interpretation of the whole purport of the complaint (see, e.g., Supreme Court Decisions 96Da3852, Oct. 11, 1996; 97Nu5725, Jun. 27, 1997; 97Nu19731, Apr. 9, 199). Although the plaintiff asserted that the plaintiff has the capacity to be a party A expressed in the first instance trial, it shall be deemed that the plaintiff has the capacity to be a party in the first instance trial, but the defendants shall also be deemed to have applied for correction of the indication of the party as an executive member with the capacity to be a party in accordance with the purport of the first instance trial, and that the plaintiff's request for correction of the plaintiff's economic expression is not permissible.

① The Plaintiff is for the growth and development of small and medium enterprises and venture businesses pursuant to Article 4-9 of the Act on Special Measures for the Promotion of Venture Businesses (Amended by Act No. 13310, May 18, 2015; hereinafter “ Venture Business Act”).

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