대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. According to Article 70(1) of the Civil Procedure Act and Article 67(1), (2), and Article 70(2) of the same Act, which are applicable mutatis mutandis pursuant thereto, the scope of this court’s adjudication shall be decided on all the co-litigants in a preliminary co-litigation. Of the co-litigants, any litigation by one of the co-litigants shall be effective only for the benefit of all the co-litigants. The litigation by one of the co-litigants shall be effective against all the co-litigants. Thus, if an appeal is filed against either the main co-litigants or any of the co-litigants, the part of the other co-litigants’ claims against the other co-litigants shall also be transferred to the appellate court and subject to the appellate court’s adjudication (see Supreme Court Decision 2006Du17765, Mar. 27, 2008). The plaintiff, around the first instance court, claimed a loan claim against the defendant C and claimed a return of unjust enrichment against the plaintiff. The court of first instance dismissed all the plaintiff’s claims against the Defendants.
Since the plaintiff's claim for loans is that the other party who lent money is a defendant B or defendant C, it constitutes a case where a claim for part of the co-litigants is legally incompatible with that for other co-litigants.
Therefore, even if the plaintiff appealed only against the defendant C because the defendants constitute a conjunctive co-litigants, the plaintiff's claim against the defendant B was transferred to this court and became subject to adjudication.
2. Basic facts
A. Dcorporate restructuring associations (hereinafter “instant association”) were established on May 28, 2008 with the aim of investing in companies subject to restructuring, acquiring companies, normalization of management, and selling business, etc. under the former Industrial Development Act (amended by Act No. 9584, Apr. 1, 2009).