1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. In the first instance court, the plaintiff filed a claim for damages based on the main non-performance of obligation, and the first instance court rejected all of the above two claims. Each of the above claims of the plaintiff is a case where the plaintiff is entitled to a claim for payment based on multiple concurrent claims that can be compatible. In the case where both of the selective claims are claimed based on the order and scope of the adjudication on the lawsuit by the parties being brought in the form of consolidation of the main and conjunctive claims, the so-called alternative joint claims are allowed, and where the main claims are not wholly accepted, the plaintiff may file a lawsuit by combining the main claims with the purport that it is possible to judge the conjunctive claims within the scope of the amount not accepted in the main claims, and the main claims are not accepted. In the first instance court, even though the plaintiff joined such conjunctive claims at the first instance court, the first instance court did not determine the conjunctive claims based on the conjunctive nature of the conjunctive claims, and thus, the plaintiff's claim is unlawful as it is against the principles of the judgment below's determination that the plaintiff's conjunctive claims are subject to a subsequent claim (see the judgment of the first instance court's judgment's judgment's error 20.).

2. The reasoning of the judgment of the court of first instance regarding the instant case is as follows.