대여금
1. The plaintiff's primary claim not judged in the first instance court is dismissed.
2. The plaintiff's appeal is dismissed.
3...
1. In light of the nature of the court’s scope of adjudication, both of the selective claims are permitted by the parties to file a lawsuit in the form of the primary and conjunctive claims, which is limited to the order and scope of the adjudication on the lawsuit. If the case is appealed, it shall be equally governed by the real preliminary claims (see, e.g., Supreme Court Decision 98Da17145, Sept. 4, 2002). On the other hand, since several of the conjunctive claims are indivisible in one litigation procedure, some of the judgments, such as accepting only the conjunctive claims or rejecting only the primary claims, and not determining the conjunctive claims, are contrary to the nature of the conjunctive consolidation, and are legally not permitted. Nevertheless, where a judgment was rendered without determining the conjunctive claims while rejecting the main claims, if an appeal against the judgment was filed, the conjunctive claims for which the judgment was omitted shall also be subject to the appellate trial (see, e.g., Supreme Court en banc Decision 98Da225253, Nov. 16, 200).
In this case, the plaintiff primarily claimed for reimbursement based on the claim for reimbursement of the disposal expenses of delegated affairs, and as a preliminary loan, 47 million won and damages for delay.
(see, 2015, Aug. 12, 2015). The above claim is a selective consolidation relationship which sets the order of priority. The court of first instance dismissed the claim for a preliminary claimant's loan without determining the primary claim.
As long as the defendant appealed against this, all of the primary and conjunctive claims are subject to the judgment of this Court.
2. Basic facts
A. The defendant.