대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's primary claim and the conjunctive claim are all dismissed.
3...
1. Scope of adjudication of party members upon the plaintiff's request;
A. In the case of a preliminary consolidation, several claims are indivisiblely combined into one litigation procedure, and thus, a partial judgment which judged only the conjunctive claims are contrary to the nature of the preliminary consolidation, and thus, legal permission is not allowed. Nevertheless, where a judgment is rendered only for the conjunctive claims without first judging the main claims, if an appeal is filed against the judgment, the omitted part of the primary claims shall also be transferred to the appellate court, and such parts shall not be deemed to be pending in the lower court because they constitute omission of the judgment.
(See Supreme Court Decisions 98Da2253 delivered on November 16, 200, 98Da17145 delivered on September 4, 2002, 2002; 2002Da23598 delivered on October 25, 2002, and 2007Da37790, 37806 delivered on October 11, 2007, etc.
In the first instance court, the plaintiff primarily requested the defendant to return the loan based on the loan contract with the defendant, and in the first instance court, the plaintiff claimed to pay the loan equivalent to the loan due to the name lender's liability under Article 24 of the Commercial Code. The first instance court did not judge the principal claim and determined only the preliminary claim.
The defendant appealed against the judgment of the court of first instance, and the part of the plaintiff's primary claim whose judgment was omitted is also transferred to the appellate court and included in the scope of the judgment of the court of first instance.
2. Basic facts
A. C is the Plaintiff’s fifth degree of concern and the Defendant’s third degree of relationship.
B. C operated a gas station with the trade name of “E gas station” located on the national highways located in the national highways located in Jeonnam-gun D (hereinafter “instant gas station”). On September 201, 201, after receiving an administrative fine and receiving a report on the closure of business on February 201, after lending the Defendant’s name to operate the gas station and operating the said gas station.