물품대금
1. The plaintiff's appeal is dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.
purport, purport, and.
1. According to Article 79(1) of the Civil Procedure Act, when rendering a judgment on the merits of a lawsuit between the original defendant and the intervenor pursuant to the scope of the trial, only one final judgment with the title holder of the judgment shall be made. It is not allowed to render a judgment on part of the above parties. In a case where Article 67(2) applies mutatis mutandis to a case where only the plaintiff appealed against the plaintiff and the intervenor in an independent party intervention lawsuit as a result of the application mutatis mutandis under Article 67, and only the plaintiff appealed, the final judgment shall be interrupted, and the whole case shall take effect (see, e.g., Supreme Court Decisions 80Da577, Dec. 8, 1981; 2007Da3776, 37783, Dec. 14, 2007). In such a case, the subject of the trial by the appellate court pursuant to Article 407 of the Civil Procedure Act shall be limited to the purport of the person who actually filed an appeal, but it shall be determined within the conclusion between the plaintiff and the intervenor.
(See Supreme Court Decision 2007Da3776, 37783 Decided December 14, 2007. In this case, only the Plaintiff and the Intervenor appealed against all the Plaintiff and the Intervenor, but all the Plaintiff and the Intervenor filed a claim for the same goods payment against the Defendant. The court of first instance dismissed the Plaintiff’s claim on the ground that the above goods payment claim belongs to the intervenor, not the Plaintiff, and dismissed the Intervenor’s claim by accepting the set-off defense and dismissed the Intervenor’s claim. Thus, there is a concern for inconsistency between the first instance court’s judgment and the Intervenor’s claim.
Therefore, the scope of this Court's trial includes the intervenor's request.
2. Basic facts
A. The relationship between the parties (1) C Co., Ltd. shall file an application for commencing rehabilitation procedures on November 29, 2010 (Seoul Central District Court 2010 Gohap141), and December 20, 2010.