1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 693,234 as well as the full payment thereof from July 5, 2016.

1. Scope of the judgment of this court;

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 trial, the Plaintiff explicitly asserted that the Defendant concurrently holds the status of joint and several sureties and the status of heir, and claimed damages for delay of the principal and interest of KRW 3,171,961 as well as the principal and interest of KRW 693,234 as well as damages for delay from April 12, 2017. The Defendant asserted that the Defendant was adjudicated to accept a report of inheritance recognition as a joint and several sureties at the first instance trial date.

Therefore, the fact that the Plaintiff stated that the Defendant sought the obligation to return the loan due to inheritance within the scope of the inherited property is apparent in the record.

After all, the plaintiff's assertion is that the defendant primarily seeks the performance of the joint and several liability and the defendant seeks the repayment of the loan due to inheritance within the scope of the property inherited by the defendant.

The court of first instance accepted only the conjunctive claim without making any decision as to the plaintiff's primary claim, and only the plaintiff appealed.

Therefore, the plaintiff's primary part of the judgment omitted.