The part of the plaintiff's appeal concerning the main claim shall be dismissed, and the conjunctive claim shall be dismissed.

1. According to the records as to the grounds of appeal as to the primary claim, it is clear that the plaintiff, the obligee of the claim against B (hereinafter “B”), who is the obligee of the claim for reimbursement against B (hereinafter “B”), primarily acquired the business of B, filed a claim for reimbursement on the ground that the defendant was denied the legal personality of the defendant. The first instance court's consolidation of the claims and dismissed the primary claim and ruled that only the conjunctive claim is rejected, and only the defendant did not lose the judgment

In such a case, the validity of the appeal shall naturally be limited to the whole of the case and the part concerning the main claim shall also be transferred to the appellate court. However, the scope of the appeal shall be limited to the legitimacy of the judgment of the court of first instance which accepted part of the conjunctive claim, i.e., the defendant's appeal. Thus, unless the plaintiff's incidental appeal is filed, the main claim cannot be the subject of the adjudication, and the subject of the judgment of the court of final appeal against the judgment shall be limited to the part against the defendant among the conjunctive claim (see, e.g., Supreme Court Decision 2002Meu852, Dec. 26, 2002). Nevertheless, even if the court below ruled that the main claim, which is not the subject of the adjudication, shall not be the subject of the judgment of the court of final appeal, and the plaintiff's appeal against this part shall not be the subject of the judgment of the

According to the reasoning of the lower judgment regarding the conjunctive claim on December 26, 2002, 2002, and 2001Da83333, Apr. 26, 2002, the lower court acknowledged the facts as indicated in its reasoning based on the adopted evidence, and, in full view of these, determined that it is difficult to view that B established the Defendant for the purpose of evading obligations.

In light of relevant legal principles and records.