1.The judgment of the first instance shall be modified as follows:

A. The Defendant: (a) KRW 12,794,520 on October 2017, to the Plaintiff.

1. In light of the nature of the court’s scope of trial, both of the selective claims are allowed to be brought by the parties to the lawsuit in the form of the main and conjunctive claims, and the so-called “an action for the preliminary injunction for the preliminary injunction.” In a case where the main claims are not wholly accepted, the main claims may be brought by combining them with an indivisible claim to the effect that they would make a judgment on the conjunctive claims within the scope of the amount not accepted from the main claims (see Supreme Court Decision 98Da17145, Sept. 4, 2002, etc.). In a case where the main claims are partially accepted, the issue is whether to examine the conjunctive claims is attributable to the interpretation of the parties’ intent in the lawsuit.

Therefore, in a case where the court dismisses part of the claim based on the main cause of the claim and cites only the amount less than that of the conjunctive claim, it shall specify the plaintiff as to the conjunctive claim within the scope of the amount not accepted from the main claim, and determine whether to determine the conjunctive claim based on the result thereof.

In the case of preliminary consolidation, since several claims are indivisible in one litigation procedure, even in a case where a judgment is made only for the primary claim and a judgment is not made on the conjunctive claim, if an appeal is filed against the judgment, the part of the conjunctive claim omitted in the appellate trial (see, e.g., Supreme Court Decision 2002Da23598, Oct. 25, 2002). The plaintiff claimed only damages against the original defendant, while claiming only damages against the original defendant on May 23, 2019, the date of the fourth pleading at the first instance trial of the first instance on May 23, 2019, stating that "as a claim for damages due to the primary tort, the plaintiff is seeking the payment of the amount stated in the purport of the conjunctive contract as a claim