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(영문) 서울북부지방법원 2019.07.16 2018나38728
손해배상(기)
Text

1. All appeals by DefendantY Co., Ltd. against the Plaintiffs are dismissed.

2. The lawsuit against the defendant Z, AA, or AB shall be filed on January 2018.

Reasons

1. The Court’s scope of adjudication and the “legal compatibility” stipulated in Article 70(1) of the Civil Procedure Act, which provides for the requirements of preliminary co-litigation, as to a lawsuit against the Preliminary Defendant Z, AA, or AB, means, depending on the different legal evaluation of the same facts, where the legal effect of either of the two claims is acknowledged, the two claims cannot be accepted because the legal effect of either of the two claims is denied; or where either of the two claims is acknowledged or denied by either factual basis or by the selective fact-finding that constitutes the cause of the claim, and thereby, constitutes a result of denying or opposing either the legal effect of either of the parties by either of the two claims; and where both claims affect the grounds for determining the other claims, and where the process of determining each claim is necessarily mutually combined, as well as where it is not compatible with the substantive law, as well as where it is incompatible with each other under the Civil Procedure Act.

(see, e.g., Supreme Court Order 2007Ma515, Jun. 26, 2007). Where one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claim against other co-litigants shall be prevented, and the claim shall be transferred to the appellate court for adjudication. In such a case, the appellate court shall determine the scope of the trial by taking into account the need for the unity of the conclusion between the main co-litigants and their parties.

(See Supreme Court Decision 2009Da43355 Decided February 24, 2011). However, even though a party’s claim is in the form of preliminary co-litigation, if a claim against the co-litigants is not in a legally incompatible relationship, then the conjunctive co-litigation provided for in Article 70(1) of the Civil Procedure Act.

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