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(영문) 서울고등법원 2018.11.15 2018나2046255
약정금
Text

1. The part of the judgment of the first instance against the Defendants shall be revoked.

2. The plaintiff and the plaintiff falling under the above revocation part.

Reasons

1. Scope of the judgment of this court;

A. Subjective preliminary co-litigation of the relevant legal doctrine is “the form of litigation in which all co-litigants settle the dispute between the same legal relationship in a lump sum without contradiction,” and a judgment shall be rendered on the claims against all co-litigants.

(2) Article 70(2) of the Civil Procedure Act provides that one of the main co-litigants and the conjunctive co-litigants files an appeal or the other party files an appeal against one of the conjunctive co-litigants in a subjective preliminary co-litigation, the part of the claim against other co-litigants who do not have filed an appeal or become the other party to the appeal shall also be subject to adjudication upon the appellate trial (see Supreme Court Decision 2009Da43355, Feb. 24, 201). However, since Articles 67 through 69 of the Civil Procedure Act are not applied mutatis mutandis to the withdrawal of a subjective preliminary co-litigation, the conjunctive plaintiff may withdraw the lawsuit in the same manner as the ordinary co-litigation.

In addition, where the plaintiff's preliminary lawsuit is legally withdrawn, the plaintiff's preliminary lawsuit is separated and finalized at the same time, and the preliminary co-litigation relationship that requires the unity is extinguished, and only the ordinary litigation relationship between the remaining parties remains (see Supreme Court Decision 90Da4723, Jan. 25, 1991).

In this case, 1) 1) The main Plaintiff Park Ho-ho (hereinafter in this paragraph referred to as the “main Plaintiff”).

) The construction of treatment in respect of Lone Star Co., Ltd. (hereinafter referred to as “treatment in respect of construction”) by Lone Star Limited Company

The Defendants filed a lawsuit seeking damages against the Defendants, including the above damages, by asserting that they acquired the claim for damages against the Defendants corresponding to 3.82% of the shares in the lawsuit, and ② The primary Plaintiff in the first instance trial as the conjunctive Plaintiff.

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