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(영문) 대전고등법원 2015.11.20 2014나14205 (1)
손해배상(기)
Text

1. Of the judgment of the court of first instance, part of the judgment against Defendant Down Co., Ltd. is modified as follows.

The plaintiff.

Reasons

1. Scope of the judgment of this court;

A. Subjective and preliminary co-litigations of relevant legal principles are the form of litigation in which all co-litigants settle the dispute between themselves in the same legal relationship in a lump sum without contradiction (Article 70(2) of the Civil Procedure Act). It is not allowed to render a judgment on the claims against all co-litigants (Article 70(2) of the Civil Procedure Act), or to render an additional judgment on the remaining co-litigants.

In addition, if one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the confirmation of the claim part concerning other co-litigants shall be prevented, and it shall be transferred to the appellate court, and in such case, the subject of adjudication on the appeal shall be determined in consideration of the need for the unity of conclusion between the main and preliminary co-litigants and the other parties.

(see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). (B)

Of the claims against Defendant C and C, the Plaintiff asserted that the Plaintiff was entitled to receive the rent claim and the damages claim arising from the destruction of temporary materials against Defendant B and C (hereinafter “Defendant Company”) in order to recover the damages claim arising from the destruction of temporary materials, and claimed that the Defendant Company was entitled to receive the payment of the rent claim and the damages claim arising from the destruction of temporary materials. In response to the dismissal of the claim against the Defendant Company, the Plaintiff first claims against the Defendant Company B and C for the compensation for damages arising from the destruction of temporary materials. According to the legal principles as seen earlier, the claim against the Defendant Company and the claim against the Defendant B and C are not acceptable, or both claims against the Defendant Company were affected by the reasoning for determining the other claims.

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