2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

A. Subjective preliminary co-litigation is “the form of litigation in which all co-litigants resolve disputes between one another in connection with the same legal relationship without contradiction.” (Article 70(2) of the Civil Procedure Act). In a case where one of the primary co-litigants or any of the co-litigants files an appeal against one of the co-litigants, or the other party files an appeal against one of the conjunctive co-litigants, the final judgment on the claim portion concerning other co-litigants who are not the other party to the appeal is interrupted, and is subject to adjudication in the appellate trial (see Supreme Court Decision 2009Da4355, Feb. 24, 2011). However, the Civil Procedure Act provides that Articles 67 through 69, which are provisions on indispensable co-litigation with respect to subjective preliminary co-litigation, applies mutatis mutandis, but recognizes exceptions in the withdrawal of a lawsuit (proviso to Article 70(1)), and some of the co-litigants may withdraw or withdraw a lawsuit against the other co-litigants (see Supreme Court Decision 2015Da2135484, Feb. 29, 2014).

In this case, at the first instance court, the primary Plaintiff A Co., Ltd. (hereinafter “A”) and the primary Plaintiff B claimed payment of the construction cost of KRW 553,908,015 and the delay damages against the Defendant, asserting that they were contractors who entered into the construction contract with the Defendant. The first instance court determined that the parties who entered into the construction contract in this case with the Defendant are not the primary Plaintiff A but the primary Plaintiff B, and dismissed the claim of the primary Plaintiff A and accepted the claim of the primary Plaintiff B.

However, the defendant appealed against the judgment of the first instance.