1. The plaintiff's appeal against the defendant K is dismissed.

2. The plaintiff's total costs of the lawsuit after the appeal are filed.

1. In the first instance court’s trial scope, the Plaintiff could not pay the subcontract price to the Plaintiff, who is the subcontractor due to the current suspension of payment, bankruptcy, and other similar causes, the Plaintiff sought payment of the said subcontract price to the Plaintiff, who requested a direct payment of the subcontract price under the instant subcontract pursuant to Article 14(1)1 of the Fair Transactions in Subcontracting Act (hereinafter “subcontract”), who is the ordering person of the instant construction project, as the owner of the instant construction project, and sought payment of the said subcontract price to the primary Defendant B. If the requirements for the said direct payment are not satisfied, the form of the lawsuit shall be deemed to constitute a subjective preliminary co-litigation under Article 70(1) of the Civil Procedure Act, as the claim for part of the co-litigants is legally incompatible with the claim against other co-litigants.

The court of first instance dismissed the claim against the primary defendant and rendered a judgment that partly accepted the claim against the primary defendant, and only the plaintiff filed an appeal against the lost part.

In a subjective preliminary co-litigation, if an appeal is filed against any one of the main co-litigants or preliminary co-litigants, the part of the claim against other co-litigants shall be transferred to the appellate court, and thus, the subject of the appellate court's judgment shall be the subject of the appellate court's judgment. In such a case, the subject of the appellate court's judgment shall be determined by taking into account the necessity of the conclusion that the main co-litigants

(See Supreme Court Decision 2009Da43355 Decided February 24, 201, and Supreme Court Decision 2006Du17765 Decided March 27, 2008). However, the primary Defendant B is in the position of “party to appeal” who did not file an appeal without filing an appeal.