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(영문) 대전고등법원(청주) 2019.09.25 2019나1399

양수금

Text

1. Of the judgment of the court of first instance, the judgment against the Plaintiff B’s principal suit corresponding to the amount ordered to be paid below.

Reasons

1. The scope of the judgment of this court is recognized to be lawful in a lawsuit involving intervention by an independent party pursuant to Article 79 of the Civil Procedure Act, and when rendering a judgment on the merits of the lawsuit between the plaintiff, defendant, and the independent party intervenor, a final judgment shall be rendered in the name of the said three parties, and a single final judgment shall be rendered in the name of the said three parties. In the event one party appeals against the judgment on the merits, the final judgment of the first instance shall be interrupted, and the entire case shall take effect.

In such cases, the subject of the appellate court's judgment shall be limited to the scope of objection expressed in the purport of appeal by the person who filed the actual appeal, but the scope of the judgment should be determined by considering the necessity of the conclusion of the conclusion between the three parties

(2) On November 13, 2014, the Plaintiff filed a complaint against the Defendant on the ground that the Intervenor received a claim for damages due to his/her responsibility as the possessor and owner of a structure against the Defendant, and the claim for damages due to the termination of the lease agreement, and the claim for damages due to the termination of the lease agreement, against the Defendant. The Plaintiff sought reimbursement against the Defendant on the ground that the Intervenor received a claim for damages due to his/her responsibility as the possessor and owner of the structure against the Defendant, and the claim for damages due to the termination of the lease agreement. ② The Plaintiff B filed a claim for damages due to his/her responsibility as the possessor and owner of the structure against the Defendant, and ③ the Intervenor filed a lawsuit against the Plaintiff A, as the owner and possessor of the structure against the said Defendant, that the claim for damages due to his/her responsibility as the possessor and owner of the structure and the claim for damages due to the termination of the lease agreement and the claim for damages due to the termination of the lease agreement.

In this regard, the first instance court is the plaintiffs.