Where the defendant appeals against the dismissal of the plaintiff's primary claim and the decision citing only the conjunctive claim, and the defendant recognizes the primary claim in the appellate trial, the validity of the protocol and the necessity of the trial on the conjunctive claim in this case (negative)

Even though the court of first instance has dismissed the plaintiff's main claim and rendered a judgment that accepted only the conjunctive claim, the effect of this trial upon filing an appeal shall be limited to the whole of the case regardless of the scope of the defendant's objection, and the part concerning the main claim shall also be transferred to the appellate court, regardless of the scope of the defendant's objection. Thus, if the defendant acknowledged the plaintiff's main claim in the appellate court's pleading and entered the recognition in the protocol, such protocol shall have the same effect as the final and conclusive judgment, and therefore, it is not necessary to judge the conjunctive claim that the defendant sought a consolidation trial on the condition that the acceptance of the main claim is cancelled due to such recognition and recognition.

Article 206 of the Civil Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Park Jae-soo et al., Counsel for plaintiff-appellant)

Plaintiff 1 and 2 others, Counsel for the defendant-appellant

[Defendant-Appellee] Defendant 1

Busan High Court Decision 90Na9438 delivered on February 27, 1992

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The plaintiffs' grounds of appeal are examined.

The first instance court's consolidated proceedings of the plaintiff's main claim and the conjunctive claim are dismissed, and even if the defendant appealeds only against the judgment citing only the conjunctive claim, the effect of the first instance court's preliminary claim is limited to the whole of the case regardless of the scope of the defendant's appeal, and the part concerning the main claim is transferred to the appellate court regardless of the scope of the defendant's appeal. Thus, if the defendant recognizes the plaintiff's main claim in the appellate court's oral proceedings and the recognition of it is entered in the protocol, such protocol has the same effect as the final judgment (see Supreme Court Decision 91Da30163 delivered on November 26, 191, 191). Accordingly, the case is closed as it is because it is not necessary to judge the conjunctive claim for which the plaintiff requested a joint trial with the cancellation condition due to the recognition and acceptance of it, and it is not acceptable to criticize the judgment of the appellate court that there is an error of law

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Yoon-young (Presiding Justice)