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1. The part against the defendant in the judgment of the first instance shall be modified as follows:
The plaintiff's primary and conjunctive claims.
Reasons
1. The Plaintiff sought reimbursement of KRW 582,772,30, including loans, etc. from the first instance court to B, and the Plaintiff also sought reimbursement of KRW 545,687,00 out of KRW 582,772,30, as the primary tort damages, in collaboration with the Defendant B. In addition, the Plaintiff sought reimbursement of KRW 582,772,30, as the primary tort damages.
However, the first instance court accepted 60,711,448, which is a part of the main claim against the defendant, and rejected the remainder of the main claim and the conjunctive claim, but rejected only 60,711,448 won without distinguishing the main claim from the main claim.
Since the plaintiff's claim for return of unjust enrichment against the defendant and the claim for damages caused by illegal acts can be logically compatible, it is selective in nature.
However, in light of the nature of a selective claim, the so-called "non-performance preliminary claim" is allowed to be brought only when the parties file a lawsuit in the form of a consolidation of primary and preliminary claims (see, e.g., Supreme Court Decision 98Da17145, Sept. 4, 2002). Thus, the first instance court did not err by admitting a part of the primary claim and dismissing the conjunctive claim in the order of the primary and preliminary claims (no trial omission is found), but it is erroneous in the text that the primary and preliminary claim is not separated from the primary and preliminary claims (no trial omission is found).
If an appeal is filed against a judgment, whether primary or preliminary consolidation is made, or whether selective consolidation is made, all of the claims shall be transferred to the appellate court. The appeal against the judgment of the first instance against the part against which the defendant lost (the cited part of the main claim) is partially incidental appeal against the part against which the plaintiff lost (the dismissed part of the main claim and the conjunctive claim), so this court shall judge the whole of the plaintiff's claim.
2. The plaintiff's assertion
A. On December 201, 201, the Plaintiff.