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(영문) 서울중앙지방법원 2018.11.15 2017가합558468
손해배상(기)
Text

1. The Plaintiff:

A. The Defendants are jointly and severally liable to pay KRW 174,356,164 and the Defendants’ amount from June 8, 2018 to October 10, 2018.

Reasons

1. At the date of pleading Nos. 2 and 3, the Plaintiff did not state an application for modification of the purport of the claim and the cause of the claim as of August 28, 2018. At the third date of pleading Nos. 2-b (3) of the application for modification of the purport of the claim and the cause of the claim as of August 28, 2018, the Plaintiff stated only the application for modification of the purport of the claim and the cause of the claim as of September 12, 2018, which corrected the part of the application for modification of the claim and the cause of the claim as of August 28, 2018, which was not served on the Defendant C before the second date of pleading. In full view of the process of the instant lawsuit and the entire purport of the pleadings, it is reasonable to view that the Plaintiff stated the application for modification of the purport of the claim and the cause of the claim as of September 12, 2018 on the third date of pleading No. 3.

The grounds for each claim in attached Tables 1 and 2 are as shown in attached Forms 1 and 2.

[Attachment 1: (4) of the Reasons for Claim No. 4 is deemed nonexistent; and (2) of the Reasons for Claim No. 2, Paragraph (3) of the Attached Table No. 2, the part on the theory of the lawsuit is changed as stated in Attached Table 3, Paragraph (1) (amended) of the Reasons for Claim No. 1).

A. Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act of the claim against Defendant B and C

B. Article 208(3)3 of the Civil Procedure Act (a judgment by public notice) on Defendant D’s claim

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