Defendant C, D, and corporation of the first instance judgment, including the Plaintiff’s claim for extension, reduction, or change in this court.

1. The appellate court’s scope of adjudication (as to Defendant E), the form of selective consolidation or preliminary consolidation shall be determined on the basis of the nature of the motion, not the parties’ intent. The appellate court’s scope of adjudication shall also be determined on the basis of such nature of the motion.

Therefore, in a case where both substantially selective concurrent claims are claimed by the parties with the order of priority being attached to them, and the first instance court dismissed the main claims and rendered a judgment citing only the conjunctive claims, and only the defendant filed an appeal, the appellate court shall determine all the two claims as the subject of the trial.

(See Supreme Court Decision 2013Da96868 Decided May 29, 2014). The first instance court dismissed the Plaintiff’s claim against the Defendants for damages due to the primary claimant’s tort, and partly accepted the Defendant E’s claim for damages due to the Defendant E’s primary claimant’s default.

The plaintiff only appealed against the main claim. However, since the plaintiff's above two claims against defendant E are compatible claims, the plaintiff's substantially selective consolidation claims are merely claims with the main and preliminary order, and thus all of the above claims against defendant E are subject to the judgment of this court (as seen in the above, the plaintiff changed the form of selective claims for damages due to the non-performance of obligation to defendant E, which was the conjunctive claim in the first instance court). 2. The basic facts on this part are as stated in the corresponding part of the judgment of the first instance except for dismissal or addition as follows. Thus, this part of the basic facts are identical to the corresponding part of the reasoning of the judgment of the first instance, and they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3rd of the first instance judgment.