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1. Of the principal lawsuit of this case, the part of the main claim appealed by the Plaintiff (Counterclaim Defendant) on July 11, 2018.
Reasons
1. Scope of trial of the political party after remand;
A. According to relevant legal principles 1), where only the defendant appealed against the judgment of the court below that accepted the conjunctive claim while dismissing the plaintiff's main claim, and the plaintiff did not appeal against the plaintiff, the decision of the appellate court as to the main claim is not examined by the court of final appeal and only the part against the defendant among the conjunctive claims of the judgment of the court of final appeal before remanding is judged by the court of final appeal. If the defendant's appeal is justified, the court of final appeal shall reverse only the part against the defendant as to the conjunctive claims of the judgment of the court of final appeal before remanding. The decision of the court of final appeal shall be affirmed simultaneously with the declaration of the reversal and remanded judgment as to the conjunctive claims, and as a result, the scope of trial at the court of final appeal after remanding is limited to the part against the defendant among the conjunctive claims (see Supreme Court Decision 2001Da6213, Dec. 24, 2001). The plaintiff did not appeal as to the part against the plaintiff in favor of the court of final appeal against the plaintiff.
If the plaintiff's winning part can no longer be disputed due to the waiver of the incidental right to appeal, etc., it can be deemed that the winning part of the plaintiff's winning part is separated and finalized.
(2) On April 14, 2006, 2006, 2006Kaga62, see Supreme Court Order 2006Da162, Apr. 14, 2006). In a case where a court finds that a trial has been continued despite the completion of the lawsuit, the court shall ex officio make a declaration of termination of the lawsuit (see Supreme Court Decision 2010Da103048, Apr. 28, 201). (B) The progress of the instant case 1) The Plaintiff was due to the termination of the entry contract concluded with the Defendant at the first instance court, and 1) the Plaintiff’s