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(영문) 서울고등법원 2017.11.03 2016나2071745
정정 청구
Text

1. The second preliminary defendant's appeal is dismissed.

2. The plaintiff's action against the primary defendant shall be dismissed.

3. The plaintiff.

Reasons

1. In the first instance trial, the Plaintiff: (a) as the primary Defendant B (hereinafter “B”); (b) as the National Press Trade Union; (c) as the primary Defendant C; and (d) as the primary Defendant, the primary Defendant as C; and (d) filed a request for a corrective statement, a request for a corrective statement, and a claim for damages.

The court of first instance accepted part of the plaintiff's primary claim against the second preliminary defendant C, rejected the remaining primary claim and the conjunctive claim, rejected the plaintiff's lawsuit against the first preliminary defendant, and dismissed each claim against the first preliminary defendant and the third preliminary defendant.

In relation to this, only the second preliminary defendant filed an appeal. In a subjective and preliminary co-litigation, if one of the primary co-litigants or any of the preliminary co-litigants files an appeal, the final and conclusive part of the claim against other co-litigants shall be prevented, and the appeal shall be subject to the adjudication (see, e.g., Supreme Court Decision 2006Du1765, Mar. 27, 2008). In such a case, the subject of the adjudication on the appeal shall be determined by considering the necessity of the final and conclusive conclusion between the primary and preliminary co-litigants and their other parties (see, e.g., Supreme Court Decision 2009Da4355, Feb. 24, 201). As such, the scope of the adjudication on the appeal shall be determined by the second preliminary defendant’s appeal against the primary defendant, the first preliminary defendant, and the third preliminary defendant, which became the subject of the adjudication of this court.

I would like to say.

Therefore, this decision is judged together.

2. The reasoning for this part of this Court’s reasoning is the same as that of the corresponding part of the reasoning of the judgment of the first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act

3. The reasoning of this court’s determination on the legality of a lawsuit against the primary defendant B is as stated in Paragraph 2 of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of Paragraph 2 of the same Article.

4. The First Reserve Defendant.

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