물품대금
1. Defendant B’s appeal is dismissed.
2. Preliminary claim against Defendant A, which was not determined by the first instance court.
If one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claim against other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). In such a case, the subject of the appellate court’s judgment shall be determined by taking into account the necessity of the unity of the conclusion between the main and preliminary co-litigants and their parties.
(see, e.g., Supreme Court Decision 2009Da7076, Sept. 29, 201). The Plaintiff primarily sought the payment of alcoholic beverage supply price against Defendant B, but seeks the payment of alcoholic beverage supply price to Defendant A if the other party to the contract for the supply of alcoholic beverages is recognized as Defendant A, not Defendant B. This is a subjective preliminary co-litigation relationship in which the other party’s legal effect is denied if the legal effect is recognized. Therefore, the part concerning the conjunctive Defendant A, upon the appeal by the primary Defendant B, shall be excluded from the confirmation of the conjunctive part relating to the appellate court.
The reasoning for the court’s explanation of this case is as follows: “from July 24, 2014, the plaintiff sought to use “from July 24, 2014, the final transaction date,” and “from August 1, 2014, the plaintiff sought to do so from August 1, 2014,” and the reasoning for the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for addition of the judgment of paragraph (3) below. Thus, this is cited in accordance with the main sentence of
As long as the plaintiff's primary claim is accepted for the preliminary claim, the conjunctive claim is without merit.
(The judgment of the court of first instance omitted the judgment against the conjunctive defendant A). The plaintiff's primary claim against the defendant B is justified, and the conjunctive claim against the defendant A is dismissed as there is no ground.