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1. Revocation of the first instance judgment.
2. All of the plaintiff's claims are dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The judgment of the court of first instance, which determined only one of the selective claims by the plaintiff, dismissed, and the decision on the remaining claims is unlawful, and since the plaintiff appealed against the judgment of the court of first instance that was unlawful as such, the whole of the plaintiff's selective claims was transferred to the appellate court. Thus, the part of the selective claims, which was not determined among the selective claims, is not deemed to have been pending in the court of first instance as a omission of judgment
(See Supreme Court Decision 96Da99 delivered on July 24, 1998). The court of first instance decided that the plaintiff's claim for the construction work based on direct payment agreement, the claim for the construction work based on the Subcontract Act, the claim for the construction work based on the Framework Act on the Construction Industry, the claim based on the subrogation right, the claim for damages based on tort, and the claim for damages based on the same purport based on the same multiple concurrent claims that are compatible. Each of the above claims can be seen as falling under the selective combination of claims seeking adjudication based on the condition that a certain claim may be compatible be accepted. The court of first instance decided that the claim for the construction work based on direct payment agreement, the claim for the construction work based on the Subcontract Act, the construction work based on the Framework Act on the Construction Industry, and the claim for damages based on the subrogation right, and dismissed each of them.
Therefore, as long as the plaintiff appealed, the claim for construction cost based on the subrogation right of the creditor is also transferred to the appellate court.
2. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and such reasoning is identical to the reasoning of the judgment of the court of first instance, except for a dismissal or addition as follows. Thus, it is acceptable in accordance with the main sentence of Article 4
3. Parts used or added;
A. The judgment of the court of first instance on the parts after the completion of construction is "1.1.1."