물품대금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1. In the judgment of this court, the plaintiff filed a joint claim against the defendant foundation for the purchase of goods and the preliminary claim for the return of unjust enrichment against the defendant foundation. The court of first instance rejected all the claims against the defendant foundation for the primary defendant foundation and dismissed all the claims against the conjunctive defendant foundation.
In regard to this, the Defendant Foundation only appealed against the judgment of the first instance court, but only one of the primary co-litigants or preliminary co-litigants files an appeal in a subjective and preliminary co-litigation, the part of the claim related to the other co-litigants shall also be prevented, and the appeal shall be tried by the appellate court (see, e.g., Supreme Court Decision 2009Da7076, Sept. 29, 201). Thus, the Plaintiff’s claim against the Defendant Company falls under the scope of the judgment of this court.
2. Basic facts
A. The Defendant Foundation is an incorporated foundation established for the purpose of supporting the exhibition, collection, etc. of works and the management and operation of entrusted facilities, and is operating D in Seoul (hereinafter “instant art gallery”).
B. On October 21, 2013, the Defendant Foundation concluded a sales contract with the Defendant Company on the instant art gallery (hereinafter “instant food code”) with the following content.
(1) The term of a contract shall be three years from November 12, 2013 to November 11, 2016.
(Article 3). (2) The Defendant Company shall complete at its own expense all of the interior works, kitchen equipment, and office equipment, etc. necessary for the operation of food crate until November 11, 2013.
(Article IX, Paragraphs 1, 2). (c)
On October 29, 2013, Defendant Co., Ltd. (hereinafter “E”) and the instant Pidco entered into a contract for artificial insemination with the following content:
(1) A construction period: From October 30, 2013 to November 11, 2013 as of the scheduled date for completion of works from October 30, 2013 to the scheduled date for completion of works.