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1. The plaintiff's conjunctive claim added by the trial prior to remand is dismissed.
2. The plaintiff applies for the return of provisional payments.
Reasons
1. The scope of the trial at the trial of the court of first instance filed a claim for damages against the Defendants and Hanland Co., Ltd. (hereinafter “Iland”) on the ground of default at the court of first instance, but appealed only against the Defendants after having been sentenced to the dismissal judgment from the court of first instance, and the judgment prior to remanding the claim for damages arising from joint tort is dismissed. However, upon the plaintiff's preliminary claim added at the trial prior to remand, the court of first instance order the Defendants to pay the amount of KRW 42,902,00 and the delay damages therefrom to each of the Defendants. Accordingly, upon the plaintiff's preliminary claim added at the court of first instance prior to remand, the Defendants filed an appeal against the damages claim arising from the principal claimant's default, and the Supreme Court dismissed the plaintiff's appeal and revoked the part against the Defendants in the judgment prior to remand, and it is evident that the part of the case was remanded to the court of first instance.
Therefore, the portion of the primary claim, which is not the object of reversal and return, becomes final and conclusive at the same time with the ruling of reversal and return, and thereafter falls under the scope of the trial of the party after the remand, and the scope of the trial of the party is limited to the portion of the claim for damages arising from the primary tort (see, e.g., Supreme Court Decisions 2001Da62213, Dec. 24, 2001; 2. Basic facts based on the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act are cited as the relevant portion of the judgment of the court of first instance on the grounds of this judgment.
3. Whether liability for damages arising from joint tort has been established;
A. The Defendants asserted that the instant commercial building is designed by E, a global designer, in collusion with Ireland, and the instant commercial building and the instant attached domains.