물품대금
1. All appeals filed by the plaintiffs are dismissed.
2. The costs of appeal are assessed against the Plaintiffs.
Purport of claim and appeal
1.
1. Subjective and preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between themselves in the same legal relationship in a lump sum without contradiction (Article 70(2) of the Civil Procedure Act). A judgment shall not be granted in respect of the claims against all co-litigants (Article 70(2) of the Civil Procedure Act), or in respect of some co-litigants, or in respect of remaining co-litigants.
In addition, since the other party's litigation against one of the co-litigants in a subjective and preliminary co-litigants has an effect on all the co-litigants, if an appeal is filed against any of the main co-litigants and any of the preliminary co-litigants, the part of the claim against the other co-litigants is also transferred to the appellate court, which is subject to the appellate court's judgment. In such a case, the subject of the appellate court's judgment should be determined in consideration of the necessity of the conclusion that the main and preliminary co-litigants and
(see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008; Supreme Court Decision 2017Da207451, Jul. 11, 2017). The Plaintiffs are entitled to claim for the purchase of goods against Defendant C and E in the primary context where the claim is not accepted, and as such, Defendant F is entitled to claim for the purchase of goods.
The first instance court dismissed the claim against the primary defendant C and E, and accepted the claim against the primary defendant C and E in full, and only the plaintiffs appealed against the primary defendant C and E.
The instant claim against the Defendants is in a relationship in which both claims cannot be accepted in entirety, or where one of the grounds for determining one’s claims are affected by the judgment on the other claims, and thus the process of determining each claim is necessarily mutually combined, and it is necessary to determine the unity of conclusion among all the parties.