1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim against the defendant that was not determined by the first instance court.

1. The scope of the trial at the court of first instance sought a return of unjust enrichment from the Defendant’s primary claim, and sought a consolation money for mental damage caused by the conjunctive claim. The court of first instance dismissed only the Plaintiff’s claim for return of unjust enrichment and did not determine the claim for consolation money, and only the Plaintiff appealed against this claim.

In the case of a preliminary consolidation, several claims can not be divided into one litigation procedure, so the main claim is accepted only by the conjunctive claim without the first judgment, or by the case where only the main claim is rejected and the conjunctive claim is not judged, it is contrary to the nature of the preliminary consolidation, and it is not permitted by law.

Therefore, where the court of first instance rendered a judgment that did not judge the conjunctive claim while rejecting the main claim, if an appeal is filed against the judgment, it shall be deemed that the part of the conjunctive claim falls under the omission of the judgment and the part of the conjunctive claim that did not judge is also pending in the court below, and that the appellate court'

(See Supreme Court en banc Decision 98Da22253 delivered on November 16, 2000). Accordingly, if the Plaintiff appeals against the judgment of the first instance, the part of the conjunctive claim for which the court of the first instance did not make a decision is transferred to the appellate court and is included in the scope of the trial of this court.

2. The reasoning for the court’s explanation concerning this case is as stated in the part of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(3) The Plaintiff’s additional determination as to the conjunctive claim shall not change the fact-finding and decision of the first instance court, considering the allegations and evidence added in the trial.