손해배상(기)
1. The plaintiff's appeal against the defendant B, C, and D is all dismissed.
2. The costs of appeal between the Plaintiff, Defendant B, C, and D are incurred.
In the judgment of this court, the plaintiff, in the first instance court, accepted the first preliminary claim against the defendant, on the premise that the victim is the plaintiff, (1) the plaintiff is the plaintiff, (2) the plaintiff's claim for compensation against the defendants on the premise that the victim is E due to the defendants' joint tort; (3) the second preliminary claim against the defendant A on the premise that the victim due to the defendant's joint tort is E; and (4) the court of first instance dismissed the first preliminary claim against the defendants, as well as the first preliminary claim against the defendant B, C, and D (hereinafter "the defendant B, etc.") on the premise that the victim is the victim due to the defendant's joint tort; and (4) the plaintiff only accepted the first and second preliminary claims against the defendant A, etc. and filed an appeal against the first preliminary claim.
Where one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the final and conclusive part of the claims against other co-litigants shall be prevented, and the appeal shall be subject to adjudication in the appellate court, and in such a case, the subject of adjudication in the appellate court shall be determined by taking into account the necessity of the final and conclusive conclusion between the main co-litigants and their parties.
(see, e.g., Supreme Court Decision 2009Da4355, Feb. 24, 201). The Plaintiff’s first preliminary claim against Defendant B, etc. and the second preliminary claim against Defendant A, depending on whether Defendant B, etc. are liable as joint tortfeasor with Defendant A, are in a relationship in which both claims may not be accepted, or one claim may affect the reasoning for determining the other claim, and thus, in a relationship in which the process of determining each claim is necessarily mutually combined, it is recognized that it is necessary to make a joint conclusion between all parties.