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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
3. The Plaintiff is limited to April 12, 2018.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”), the Defendant, and D drafted a notarial deed of a monetary loan agreement No. 229 of 2017 (hereinafter “notarial deed of this case”) prepared by E in March 23, 2017, stating that “C shall lend KRW 1.82 billion to the Defendant and D with the due date set as September 30, 2017.”
B. On October 20, 2017, C transferred 130 million won, which is part of the claims on the instant authentic deed to the Plaintiff, and notified the assignment of claims with a fixed date on the 25th of the same month, and delivered to the Defendant on the 26th of the same month.
[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings
2. Determination as to an application for the exchange change of claims
A. On April 12, 2018, the Plaintiff filed an application for amendment of the purport of the claim on April 12, 2018, and submitted a preparatory document stating the changed cause of the claim on April 16, 2018.
In regard to this, the defendant asserts that the plaintiff's initial claim for the transfer money and the application for amendment of the purport of the claim as of April 12, 2018 and the claim for the contract money exchanged through the preparatory documents as of April 16, 2018 do not meet the requirements for amendment due to lack of identity of the basis of the claim. Therefore, the above claim should be rejected.
B. Determination 1) In civil procedure, the plaintiff can alter the purport or cause of the claim until the conclusion of pleadings by the fact-finding court 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 alteration of the purport or cause of the claim merely differs in the same facts of life or in the same economic interest dispute, and the method of resolution, does not change the basis of the claim. In addition, 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 of litigation procedures is significant (see, e.g., Supreme Court Decision 201Da1548, Apr.