1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Scope of the judgment of this court;

A. The preliminary consolidation of the legal doctrine claims is a combination that seeks a trial on the conjunctive claim under the condition that the acceptance of the main claim is rescinded with respect to several mutually incompatible claims.

(see, e.g., Supreme Court Decision 2001Da17633, Feb. 8, 2002). Whether the form of consolidation is either selective consolidation or preliminary consolidation shall be determined on the basis of the nature of the combination claim, not the intent of the parties. The scope of adjudication in the appellate trial shall be determined on the basis of the nature of such combination claim.

Therefore, in a case where both substantially selective concurrent claims are claimed by the parties with the order of priority being attached to them, and the first instance court dismissed the main claims and rendered a judgment citing only the conjunctive claims, and only the defendant filed an appeal, the appellate court shall determine all the two claims as the subject of the trial.

(See Supreme Court Decision 2013Da96868 Decided May 29, 2014 (see Supreme Court Decision 2013Da96868, May 29, 201). Filing a claim for consolidation of several claims to be purely simple and simple due to lack of logical relationship with one another by combining them with the primary and preliminary claims is inappropriate. If the Plaintiff filed a lawsuit in such a form, the court below deliberated on the merits of all the claims, and subsequently rendered a judgment dismissing the remainder of claims, then the above court shall be deemed to have determined as a simple consolidation in line with the intrinsic nature of the above claims. Accordingly, where only the Defendant filed an appeal for the cited claims, all the claims in a simple and simple relationship are transferred to the appellate court as a whole, but the scope of the appellate court’s trial is limited to the claims asserted by the Defendant

Supreme Court Decision 2015Da207679, 207686, 207686, 20793 Decided December 10, 2015