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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
In a case where the first instance court rendered a judgment on the scope of the appellate court’s adjudication and the plaintiff’s main defense against several combined claims of the plaintiff, where the first instance court rendered a single judgment on the scope of the appellate court’s adjudication, the whole of the combined claims shall be transferred to an appellate court for its confirmation. The parties concerned may either extend the purport of the appeal or file an incidental appeal against the portion not dissatisfied with the appellate court. Provided, That where there is no expansion of the purport of appeal or no incidental appeal, the subject of the appellate court’s adjudication is limited to the claims dissatisfied with the appellate court’s adjudication (Supreme Court Decision 99Da30312 Decided April 27, 200), and the Plaintiff’s loans 24,000,000,000,000 won, loans 15,000,000,000 won, 15,000,000,000 won, more than 16,767,708,007).
In regard to this, the first instance court accepted the part of the lease deposit, the loan on December 28, 2015, the amount of ex post facto indemnity, and the amount of 12,00,000 won out of the advance indemnity, and dismissed the remainder of the claim.
On September 24, 2015, the Plaintiff appealed on the loan amount of KRW 24,00,000 among the judgment of the court of first instance, and the Defendant appealed on each of the above amounts of reimbursement, but withdrawn it.
Since then, the Intervenor filed an application for intervention with an independent party to the effect that “the Intervenor is dismissed in all of the above claims of the Plaintiff, and the Defendant shall pay KRW 160,00,000 to the Intervenor.”
Therefore, each of the above claims of the plaintiff, including the cited part of the first instance court, is included in the scope of this Court.
The judgment on the plaintiff's principal safety defense is allowed only when a lawsuit is pending. The first instance court accepted the part of "a lease deposit, a loan on December 28, 2015, a ex post facto indemnity and a 12,000,000 won out of the advance indemnity in the plaintiff's claim."