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(영문) 부산지방법원 2018.10.25 2017나51822
손해배상(기)
Text

1. Disposition No. 1 and No. 2 of the judgment of the first instance, including the claim of the Plaintiff A corporation expanded by this court.

Reasons

1. Where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation within the scope of the adjudication by this court, the confirmation of the claim part concerning other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court, and in such a case, the appeal subject to the adjudication by the appellate court shall be determined by taking into account the necessity of a single confirmation of conclusion between the main and preliminary co-litigants and

(See Supreme Court Decision 2015Da249222 Decided March 24, 2016. Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) sought damages against Defendant Co., Ltd. on the premise that the effect of the contract for the management of goods entered into with the representative H of G (hereinafter “G”) on the part of G (hereinafter “Defendant Co., Ltd.), and that the contract for the management of goods does not extend to the Defendant Co., Ltd., (hereinafter “Defendant Co., Ltd.”). In preparation for the effect of the contract for the management of goods, Plaintiff B filed a tort claim against Defendant D and E, and the first instance court partially accepted Plaintiff Co., Ltd.’s primary claim and dismissed Plaintiff B’s conjunctive claim, it is apparent in the record.

In light of the above legal principles, the main claim of this case and the conjunctive claim of this case need to be confirmed on the date of conclusion between all parties in the relationship where the judgment process is necessarily mutually combined. Thus, the main claim of this case and the conjunctive claim of this case are all subject to the judgment of this court.

2. Basic facts, Article 1 (Items) of the Act refers to the specific goods that are in accordance with legal provisions and that are ordered by “A” or “A’s member cooperatives (hereinafter “the designated person of “A”). Article 2 (Contract Unit) ① The contract unit price shall be the unit price by item and by specification of the attached specifications (hereinafter “the following parts). The price for the goods under Article 7 (Payment for Price) has been inspected by “A” or “the designated person of A”.

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