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(영문) 의정부지방법원 2020.08.20 2020나201164

손해배상(국)

Text

The plaintiff's appeal is dismissed in entirety.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The plaintiff's claim against the defendant B and C within the scope of the trial of this court constitutes a preliminary co-litigation as stipulated in Article 70 (1) of the Civil Procedure Act.

The first instance court dismissed all the claims against the primary Defendant B and the conjunctive Defendant C, and the plaintiff filed an appeal only against the conjunctive Defendant C.

According to the provisions of Article 70(1) of the Civil Procedure Act and Articles 67(1) and (2) and 70(2) of the same Act, which are applicable mutatis mutandis by Article 70(1) of the same Act and Article 67(1) and (2) of the same Act, all of the co-litigants shall be decided in the case of preliminary co-litigation, and all of the co-litigants shall be effective only for the benefit of all the co-litigants. The litigation of one of the co-litigants against one of the co-litigants shall be effective for all the co-litigants. Thus, when an appeal is filed against any of the co-litigants and any of the co-litigants, the part of the claims against the other co-litigants shall also be transferred to the appellate court for the first time (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). Therefore, even if the plaintiff appealed only

However, the primary defendant B is in the position of "party to appeal" who did not appeal without appeal.

2. The Plaintiff’s grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and judgment of the court of first instance are deemed legitimate even if all evidence submitted in the court of first instance

Therefore, the reasoning of this court's judgment is as follows, except where the judgment of the court of first instance is added to the plaintiff's grounds for appeal as stipulated in paragraph (3) below. Thus, it is acceptable to accept it as it is by the main sentence of Article 420

3. Judgment on the ground for appeal by the plaintiff

A. The plaintiff's assertion.