1. Of the judgment of the first instance, the part against the plaintiffs and the defendant is modified as follows. A.

(1) The defendant is the plaintiff.

1. Whether the form of the court’s consolidation of the scope of adjudication is either a selective consolidation or a preliminary consolidation shall be determined on the basis of the nature of the claim, not a party’s intent, and the scope of adjudication in the appellate court shall also be determined on the basis of the nature of the claim for such consolidation (see, e.g., Supreme Court Decision 2013Da96868, May 29, 2014). In a case where one claim is accepted among several selective mergers and no determination is made on the remainder of the claims, the remainder of the claims for which the judgment of the first instance is not rendered shall be transferred to the appellate court upon the appeal of the defendant, and where the first instance court did not determine the conjunctive claim upon the acceptance of the main claim, the conjunctive claim shall also be transferred to the appellate court

On the other hand, even in cases where the primary cause and the conjunctive cause are compatible, if a party needs to make a claim by attaching the order of the trial and attaching the order of the trial, the party may make a claim

The plaintiff may file a lawsuit by combining the indivisible claim with the purport that the main claim is not wholly accepted (see, e.g., Supreme Court Decision 2001Da17633, Feb. 8, 2002). Thus, where the main claim is inconsistent is not accepted, the plaintiff may file a lawsuit claiming the payment of the agreed amount by asserting that the plaintiff was entitled to receive the promise to receive the amount of investment in the same business from the defendant at the time of withdrawal from the main claim within the scope of the amount not accepted (see, e.g., Supreme Court Decision 98Da17145, Sept. 4, 2002). In this case, even where the judgment is judged only as to the main claim and did not determine the conjunctive claim, if an appeal is filed against the judgment, the part of the conjunctive claim omitted shall also be transferred to the appellate court (see, e., Supreme Court Decision 2002Da23598, Oct. 25, 2002).