1. The plaintiff's appeal against the defendant B, which is the selective defendant of the first instance trial, shall be dismissed.
2.In the trial, the trial shall be held.
1. We examine whether the plaintiff's appeal against the defendant B, who was selected in the first instance trial, is legitimate or not, ex officio, by determining whether the plaintiff's appeal against the defendant B is legitimate or not.
In the selective co-litigation of the defendant, if the plaintiff won the award against any of the defendant, there is a benefit of appeal only to the lost defendant, and there is no benefit of appeal to the plaintiff and the defendant.
In the case of this case, the plaintiff had the first instance court delivered 5 million won loans to the defendant Eul through the defendant Eul. The defendant Eul asserted that the above money was delivered to the defendant Eul and the defendant Eul did not receive the above money, and the defendant Eul sought the above money as a loan to the defendant Eul, selectively (the plaintiff asserted that the plaintiff did not seek the payment of the above money to the defendant in the first instance court's selective consolidation, but it is evident in the record that the plaintiff sought the payment of the above money to the defendant first instance court's first instance court's third date for pleading, and it was clearly stated that the plaintiff sought the payment of the above money to the defendant by selective consolidation. Thus, the plaintiff's above argument is without merit). The court of first instance accepted the plaintiff's claim against the defendant Eul on the ground that the defendant Eul borrowed the above money from the plaintiff, and the plaintiff's claim against the defendant Eul was dismissed. In light of the legal principles as seen earlier, the plaintiff did not have any interest in the appeal against the defendant Eul of the first instance court.
Therefore, the Plaintiff’s selective appeal against Defendant B is unlawful.
2. We examine whether the plaintiff's action against the defendant B, which the plaintiff changed from the trial to the ordinary co-litigants, is legitimate or not, ex officio, as to whether the plaintiff changed from the trial to the ordinary co-litigants.
The plaintiff was the defendant B, who was a selective defendant in the first instance trial.