손해배상(기)
1. The plaintiff's conjunctive claim added by this court before it is remanded is dismissed.
2. Action after the filing of an appeal.
1. After remanding, the Plaintiff filed a claim for the payment of the amount of damages by asserting that the Plaintiff, a creditor of provisional attachment against C, suffered damages by the Plaintiff, who was the creditor of provisional attachment against C, as to the subcontract price that the Defendant had to pay to C Co., Ltd. (hereinafter “C”), around the first time before remanding. In addition, on the ground that the Plaintiff was issued a provisional attachment against C’s claim for the provisional attachment against the Defendant, the claim for the collection of the amount was additionally added.
The court prior to the remand dismissed the appeal against the plaintiff's primary claim on the ground that it cannot be deemed that the plaintiff actually suffered damage due to the defendant's direct non-payment and deposit, and the court rendered a judgment citing the plaintiff's primary claim, and only the defendant appealed. The Supreme Court reversed the judgment of this court prior to the remand and remanded to this court.
If the plaintiff's primary claim is dismissed and only the defendant appealed against the judgment of the appellate court which partly accepted the conjunctive claim, and the plaintiff did not appeal against the plaintiff, the legality of the appellate court's judgment against the primary claim is not subject to investigation by the appellate court, but only the part against the defendant among the conjunctive claims of the judgment of the court of final appeal before remand is subject to adjudication by the court of final appeal. If the defendant's final appeal is justified, the court of final appeal shall reverse only the part against the defendant with respect to the conjunctive claims of the judgment of the court of final appeal before remand. The main claim which is not subject to reversal and remanded shall be determined simultaneously with the declaration of the reversal and remanded judgment as to the conjunctive claim, and as a result, the scope of trial by the court of final appeal shall be limited to the part against the defendant among the conjunctive claims (see Supreme Court Decision 2001Da62213, Dec. 24, 201)