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(영문) 서울고등법원 2016.06.14 2015나19065
공사대금 등
Text

1.The part concerning the primary claim in the judgment of the court of first instance shall be modified as follows:

The defendant is the plaintiff corporation.

Reasons

1. In the first instance court’s trial scope, Plaintiff Scco Construction is the primary Plaintiff. As such, Plaintiff Scco Construction constitutes the representative of the instant joint contractor and the general partner, the remaining Plaintiffs are entitled to independently file a lawsuit by accepting voluntary lawsuit trust from the other Plaintiffs, claiming payment of unpaid payment, etc. upon termination of the contract against the Defendant who is the ordering person. The Plaintiffs, as the preliminary Plaintiff, filed a claim for payment according to the Plaintiffs’ share of the unpaid payment, etc. against the Defendant.

The court of the first instance partly accepted the claim of the plaintiff Poco Construction, which is the primary plaintiff, and dismissed the claim of the primary plaintiff. Accordingly, only the plaintiff Poco Construction and the defendant, who is the primary plaintiff, filed an appeal, and the primary plaintiff, who is the primary plaintiff, did not appeal.

Plaintiff

The primary claim and the plaintiffs' conjunctive claim are in a relationship of subjective preliminary co-litigation under Article 70 of the Civil Procedure Act. If one of the primary co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claims related to other co-litigants shall be prevented, and they shall be subject to adjudication by the appellate court because the part of the claims related to other co-litigants is transferred to the appellate court. In such a case, the subject of adjudication on the appellate court shall be determined by considering the necessity of the conclusion concluded between the primary co-litigants and

(see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). Therefore, inasmuch as the part of the conjunctive plaintiffs' claims by the appeal of Plaintiff Spoco Construction, which is the primary plaintiff, was transferred to the trial court due to the necessity of unity and thus, the scope of the trial of this court is determined together with this decision.

2. Paragraph 3. The court's explanation concerning this case is as follows.

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