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(영문) 서울중앙지방법원 2015.04.10 2014나17656
구상금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's main claim is dismissed.

3. The Defendants jointly do so to the Plaintiff.

Reasons

1. Scope of adjudication of party members upon the plaintiff's request;

A. In the case of a preliminary consolidation, several claims are indivisiblely combined into one litigation procedure, and thus, a partial judgment which judged only the conjunctive claims are contrary to the nature of the preliminary consolidation, and thus, legal permission is not allowed. Nevertheless, where a judgment is rendered only for the conjunctive claims without first judging the main claims, if an appeal is filed against the judgment, the omitted part of the primary claims shall also be transferred to the appellate court, and such parts shall not be deemed to be pending in the lower court because they constitute omission of the judgment.

(See Supreme Court Decisions 98Da2253 delivered on November 16, 200, 98Da17145 delivered on September 4, 2002, 2002; 2002Da23598 delivered on October 25, 2002, and 2007Da37790, 37806 delivered on October 11, 2007, etc.

On the other hand, in the first instance court, the plaintiff primarily made a subrogation of the right to claim damages under Article 39(1) of the Automobile Accident Compensation Business Act against the defendants, and the conjunctively made a claim for reimbursement of expenses incurred in relation to the management of affairs or a claim for restitution of unjust enrichment. The first instance court determined the above claims as selective consolidation and determined that only the plaintiff's conjunctive claim for reimbursement of expenses incurred in the management of affairs

The defendants appealed against the judgment of the court of first instance, and the part of the plaintiff's primary claim whose judgment was omitted is also transferred to the appellate court and included in the scope of the judgment of the court of first instance.

2. The reasons why the court should explain this part of the facts of recognition are as stated in the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

3. The parties' assertion

A. In the first place of the Plaintiff’s assertion, since there is a proximate causal relation with the first and second accidents of this case, the Defendants are liable for the accidents against H.

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