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1. Of the part concerning the main lawsuit of the judgment of the court of first instance, the part concerning the Plaintiff (Counterclaim Defendant) B is as follows.
Reasons
1. The scope of the trial in this Court is to be decided by the plaintiff A, the main office of which is 38,265,376 won [=1] The plaintiff B (hereinafter referred to as "the plaintiff company").
(2) KRW 15,261,628, which was remitted from a nominal account to the Defendant from the account in the name of P Co., Ltd. <3> 15,261,628, which was remitted from the account in the name of P Co., Ltd. (3) and damages for delay on property arising from the sale of a vehicle (10,000,000) and damages for delay, and as a preliminary claim, KRW 15,261,628 (the foregoing part)
Plaintiff
(4) The Company first claims against the Defendant for damages amounting to KRW 30,000,00 due to credit damage, and damages for delay thereof, and as a preliminary claim, KRW 53,003,748 (i.e., KRW 13,003,748 above ③ KRW 10,000,000 above KRW 30,000) and damages for delay thereof, and the Defendant claimed a counterclaim against the Plaintiff Company.
The purport of the judgment of the court of first instance against this is that "the plaintiff A's counterclaim, (2), and (3) respectively accepted the plaintiff's counterclaim, and (4) partially accepted the plaintiff's counterclaim, and dismissed the defendant's counterclaim," and the defendant appealed against this.
According to Article 70(1) and (2) of the Civil Procedure Act, a judgment shall be rendered on the claims related to all co-litigants in a subjective or preliminary co-litigation.
A subjective and preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute in the same legal relationship in a lump sum without contradiction. It is not permitted to render a judgment or make an additional judgment on behalf of a remaining co-litigants in a subjective and preliminary co-litigation, and if either the primary co-litigants or any of the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the confirmation of the claim part concerning other co-litigants is interrupted, and it is subject to adjudication in the appellate court, and in such case, the subject of adjudication on the appeal is the primary and preliminary