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(영문) 부산고등법원 2019.11.27 2018나56346

추심금

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1. The part against the defendant among the part of the claim for prohibition of collection in the judgment of the court of first instance shall be revoked, and that part shall be revoked.

Reasons

1. Nature of the request for consolidation of this case and the scope of the judgment of this court

A. Legal doctrine 1) The preliminary consolidation of claims is a combination of claims in the form of seeking adjudication against the conjunctive claims as conditions for rescission of the primary claims (see, e.g., Supreme Court Decision 2011Da17633, Feb. 8, 2002). Whether the form of consolidation is preliminary consolidation or not should be determined on the basis of the nature of the conjunctive claims rather than the intent of the parties (see, e.g., Supreme Court Decision 2013Da96868, May 29, 2014). However, it is unreasonable to request several claims to be joined purely as purely simple combination due to lack of logical relationship and purely simple combination of claims. If the Plaintiff filed a lawsuit in the same form, the lower court deliberated on the merits of all the claims, and rendered a judgment dismissing the remainder of claims, which is consistent with the original collection relationship of the above claims, and thus, the lower court’s judgment should be deemed to have determined that only the Defendant’s claims were identical to the above claims, 2017Da67161, supra.