1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 97,66,655 and its related costs from March 13, 2018 to December 2020.

The selective consolidation of the claim for ex officio revocation of the judgment of the court of first instance is a combination that seeks the same performance or the same formative effect based on the right to form several compatible claims, provided that one of the claims is accepted under the condition of rescission.

As such, in the case of selective consolidation, since multiple claims are indivisiblely combined into one litigation procedure, only one of the selective claims is dismissed, and any judgment on the other selective claims is unlawful (see, e.g., Supreme Court Decision 2015Da42599, Oct. 26, 2017). The foregoing legal doctrine applies to cases where only one of the selective claims is accepted, and the remaining claims are dismissed, without any judgment on the other selective claims.

The Plaintiff filed a selective claim for damages due to nonperformance, warranty liability, or tort in the first instance court. However, the first instance court partly accepted the claim for damages due to tort and dismissed the remainder of the claim for damages. On the ground that some of the cited amounts are the same as the damages in the claim for damages due to nonperformance or warranty liability, the court did not separately determine the part concerning the claim for damages due to nonperformance or warranty liability.

In light of the above legal principles, even if the court of first instance takes into account the reasons stated in the judgment, it partially cites the Plaintiff’s selective claims for damages arising from a tort among the Plaintiff’s selective claims, and dismiss the remainder of the claims, and did not make any judgment on the claim for damages arising from nonperformance of obligation or warranty liability.