약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is followed by paragraph (1).
1. Scope of the judgment of this court;
A. At the first instance court, the Plaintiff primarily claimed the amount of sales agreement, and filed a claim for damages due to nonperformance of the duty to deliver the goods in accordance with the deposit agreement.
The court of first instance judged that the primary claim is groundless (However, the order omitted the entry), and accepted the preliminary claim.
In this regard, only the defendant appealed against the defendant.
B. In a case where the court of first instance appeals against the dismissal of the main claim and the pronouncement of the judgment citing only the conjunctive claim, the effect of the appeal is naturally limited to the whole of the case and the part concerning the main claim is also remanded to the appellate court. However, the scope of the appellate court's trial is limited to the legitimacy of the judgment of the court of first instance which accepted the main claim, i.e., the scope of the appeal filed by the defendant, and thus, the main claim cannot be the subject of the judgment
(See Supreme Court Decision 2002Meu852 delivered on December 26, 2002). C.
Therefore, in this case where only the defendant appealed against the defendant among the judgment of the first instance, and there is no incidental appeal by the plaintiff, the scope of this court's trial is limited to the plaintiff's conjunctive claim
2. The reasoning of the court's explanation concerning this case is as follows: (a) Nos. 5, 14, and 15 of the judgment of the court of first instance (if so, the plaintiff's claim shall be judged; (b) "the plaintiff's main claim shall be dismissed as it is without merit; and (c) the plaintiff's conjunctive claim shall be accepted as it is decided as per the disposition by admitting it with merit; and (d) the defendant added "3. Additional Judgment" as to the plaintiff's main claim emphasized or added in this court, and 3-B of the judgment of first instance except for adding "3. Additional Judgment" as to the plaintiff's main claim.
Since it is the same as the statement in the claim, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
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