C. According to the records of this case as to the claim added at the trial of the court of appeal and the legitimacy of appeal, the plaintiff C and D filed the lawsuit of this case against the defendant, "the defendant filed a claim against the above plaintiffs to the effect that "the above plaintiffs shall pay 10 million won and damages for delay," but the court of first instance rendered a judgment ordering "the above plaintiffs shall pay 5 million won and damages for delay," and the court of first instance decided that "the above plaintiffs shall pay 5 million won and damages for delay," and the above plaintiffs shall have appealed against the above plaintiffs in the part of the above judgment and filed an appeal with this court on January 16, 2020, but the damages for delay shall be less than the order of the court of first instance to the above plaintiffs, "the defendant shall pay 5 million won and damages for delay," and the above plaintiffs shall again be notified on January 23, 202 to the defendant on January 23, 20."

First of all, with respect to the legitimacy of the claim for KRW 2 million and its delay damages as of October 12, 2020 and the claim for the delayed payment, reduction of the amount of claim based on the same claim, in quantity and quantity, is interpreted as partial withdrawal of the lawsuit (see, e.g., Supreme Court Decision 2003Da46758, Jul. 9, 2004). The plaintiff's litigation against the plaintiff's court to extinguish the lawsuit by withdrawing the lawsuit brought by the plaintiff and extinguishing the lawsuit, and the litigation is bound to determine the validity of the lawsuit based on his/her own opinion, unlike the act under general private law. Once the withdrawal of the lawsuit takes effect, in principle, the withdrawal is not allowed (see, e.g., Supreme Court Decision 2002Da72705, Apr. 25, 2003). According to the above facts of recognition, according to an application for change of claim for the previous plaintiffs on January 16, 2020.