손해배상(기)
1. The judgment of the court of first instance is modified as follows.
The plaintiffs' claims against the Korea Railroad Corporation.
1. In the first instance trial, the Plaintiffs claimed damages against the Defendant Corporation on the ground of the employer’s liability as the primary claim, and as a preliminary claim, the Defendant Corporation sought damages for breach of the duty to install safety facilities by making the primary Defendant and the Defendant Corporation as the primary Defendant.
The first instance court dismissed the primary claim among the plaintiffs' claims, and accepted the claim against the primary defendant corporation among the conjunctive claims, and dismissed the claim against the primary defendant corporation.
As to this, only Defendant Corporation appealed an appeal. Subjective preliminary co-litigation such as this case is a form of litigation in which all co-litigants settle the dispute between each other with respect to the same legal relationship in a lump sum without contradiction. In addition, if one of the primary co-litigants and the preliminary co-litigants files an appeal, the confirmation of the claim part concerning other co-litigants is prevented, and the appellate trial is transferred to the appellate trial (see, e.g., Supreme Court Decision 2009Da104960, 104977, Mar. 27, 2014). Thus, the subject of adjudication by this court includes not only the plaintiffs' claims against Defendant Corporation but also the plaintiffs' claims against Defendant Corporation.
The plaintiffs had withdrawn their primary claims (the plaintiff's preparatory brief dated September 4, 2019) from the trial (the plaintiff's compensation for damages caused by the employer's liability).
2. The reasoning of this court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the following modifications, and this part of the facts of recognition is cited as it is by the main text of Article 420 of the Civil Procedure Act.
In the last two pages of the judgment of the first instance, the phrase "A, A, 2 (including the number of pages), Eul's evidence 1-3 through 7," and the phrase "A, A, 1-3 through 3, are numbers."