(영문) 대전지방법원 2020.01.22 2019나101104

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2020.01.22 2019나101104

매매대금

Text

1. The preliminary defendant's appeal is dismissed.

2. All the costs of appeal are borne by the ancillary defendant.

purport, purport, and.

Reasons

1. Where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claim against the other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court. In such a case, the subject of the appellate court's judgment shall be determined by considering the need for the consolidated conclusion of conclusion between the main co-litigants and their parties.

(See Supreme Court Decision 2009Da43355 Decided February 24, 201, etc.). Since the Plaintiff’s primary claim against the Defendant Company affected the grounds for determining one’s claim against the part related to the Defendant Company and the conjunctive claim against the Defendant Company B, and the process of determining each claim is inevitably combined with each other, it is recognized that it is necessary to make a joint conclusion between all the parties in a relationship in which the judgment process on each claim is bound to be mutually combined, even if Defendant B appealed against the judgment of the first instance court, the parts related to the Defendant B among the primary claim against the Defendant Company are also prevented from confirming the confirmation and are transferred to the appellate court, and are included in the scope of the judgment of this court.

On the other hand, among the primary claims against the defendant corporation, the conjunctive claims against the co-defendant C of the first instance court and the co-defendant C of the first instance court were separately determined and excluded from the scope of the judgment of this court.

2. The court's reasoning for the acceptance of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420

(However, as seen earlier, the judgment of the court of first instance is justifiable, and the defendant B's appeal is dismissed.

참조조문

-민사소송법 제420조

참조판례

-대법원 2011. 2. 24. 선고 2009다43355 판결

유사 판례

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-서울남부지방법원 2018.08.30 2018나53397