손해배상(기)
1. The part against Defendant C among the judgment of the first instance is revoked, and the plaintiff's claim corresponding to the revoked part is filed.
1. Subjective and preliminary co-litigation 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 (Article 70(2) of the Civil Procedure Act). A judgment is not allowed to render a judgment only for some co-litigants, or to render an additional judgment for the remaining co-litigants.
In addition, since the other party's litigation against one of the co-litigants in a subjective and preliminary co-litigants has an effect on all the co-litigants, if an appeal is filed against any of the main co-litigants and any of the preliminary co-litigants, the part of the claim against the other co-litigants is also transferred to the appellate court, and they are subject to the appellate court's judgment. In such a case, the subject of the appellate court's judgment should be determined by considering the necessity of the conclusion that the main and preliminary co-litigants and
(See Supreme Court Decision 2017Da207451 Decided July 11, 2017, etc.). The Plaintiff primarily imposes on Defendant C the responsibility of the possessor of a structure pursuant to the main sentence of Article 758(1) of the Civil Act, liability for tort liability pursuant to Article 750 of the Civil Act, and liability of the owner of a structure pursuant to the proviso of Article 758(1) of the Civil Act against Defendant B.
As to this, the first instance court partly accepted the claim against the primary defendant C, dismissed the claim against the primary defendant B, and only the primary defendant C appealed appealed.
The Plaintiff’s instant claim against the Defendants is in a relationship in which both claims may not be accepted in entirety, or the grounds for determining one’s claim may affect the judgment of the other claims, and thus the process of determining each claim is necessarily mutually combined between all parties.