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(영문) 수원고등법원 2019.10.17 2019나11575
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff’s claim against the Defendants constitutes a preliminary co-litigation under Article 70(1) of the Civil Procedure Act.

The first instance court dismissed the claim against the primary defendant C and accepted the claim against the primary defendant C Co., Ltd. (hereinafter referred to as the "defendant Co., Ltd."), and the plaintiff filed an appeal only against the primary defendant B.

According to the provisions of Article 70(1) of the Civil Procedure Act and Articles 67(1) and (2) and 70(2) of the same Act, which are applicable mutatis mutandis by Article 70(1) of the same Act and Article 67(1) and (2) of the same Act, all of the co-litigants shall be decided in the case of preliminary co-litigation, and all of the co-litigants shall be effective only for the benefit of all the co-litigants. The litigation of one of the co-litigants against one of the co-litigants shall be effective for all the co-litigants. Thus, when an appeal is filed against any of the co-litigants and any of the co-litigants, the part of the claims against the other co-litigants shall also be transferred to the appellate court and subject to the appellate court (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). Therefore, even if

However, the conjunctive defendant company is in the position of "party to the appellate trial" who did not appeal without filing an appeal.

2. The reasoning of the judgment of the court of first instance cited in the instant case is as follows, and the relevant party’s assertion added in the appellate trial is identical to the ground of the judgment of the court of first instance, except for adding the judgment, which is identical to that of the following paragraph 3, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 8th judgment of the first instance was submitted by the plaintiff.

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