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The judgment below
The part concerning the preliminary claim is reversed, and this part of the case is remanded to the Panel Division of the Changwon District Court.
Reasons
The grounds of appeal are examined.
1. In cases of small claims prescribed in Article 2 of the Trial of Small Claims Act and Article 1-2 of the Rules on Trial of Small Claims, an appeal may be filed with the Supreme Court with respect to the primary claim only when it is based on the grounds prescribed in the subparagraphs of Article 3 of the Trial of Small Claims Act;
However, in this case where it is obvious that the subject matter of the primary claim of this case is a small claim, and the subject matter of the prior suit of this case is different from that of the prior suit of this case as indicated in the judgment of the court below, the argument that the primary claim of this case does not conflict with the res judicata of the final
2. As to the conjunctive claim
A. According to the record, the Plaintiff sought the repayment of the obligation to borrow the instant loan, and added a conjunctive claim to the effect that the instant promissory note claim as indicated in the judgment below was extinguished by the prescription on January 31, 2013 through the application for the conjunctive claim as of January 31, 2013. On May 13, 2013, the first instance court rendered a judgment accepting the primary claim; ② the first instance court rendered a judgment citing the primary claim; ② the Defendant appealed against this; ③ the lower court rejected the primary claim, but did not make any decision on the main claim as well as on the grounds for the main claim.
B. In the case of the preliminary consolidation of a lawsuit, it is not necessary to judge the preliminary claim if the first instance court accepts the main claim, but it is also necessary to judge the preliminary claim, since the judgment accepting the main claim is the whole judgment accepting the main claim, and the defendant's appeal is also a preliminary claim which did not judge at the first instance court if the defendant appealed. Therefore, when the appellate court rejects the main claim which was cited at the first instance court, it is decided by the Supreme Court en banc Decision 98Da2253 delivered on November 16, 200.