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1.(a)
Of the judgment of the first instance, the part against Defendant Seoul Guarantee Insurance Co., Ltd. shall be changed as follows:
(b).
Reasons
1. Co-litigation relationship between Defendant A and the remaining Defendants
A. Article 70(1) of the Civil Procedure Act provides for “legal compatibility” as the requirements for preliminary co-litigation means a relationship in which the legal effect of either of the two claims is denied on the ground that the legal evaluation of the same facts is different, and where the legal effect of one of the two claims is acknowledged, and both claims cannot be accepted on the ground that the legal effect of either of the other claims is denied, or where either of the parties affirms or denies a legal effect by a fact-finding or by a selective fact-finding that constitutes the cause of the claim, and thereby denies or affirms the other party’s legal effect, and where both claims affect the reasons for the determination of a claim on the other claim, and thus the process of determination on each claim is bound to be mutually combined. It includes not only cases where it is substantially incompatible, but also cases where it is not compatible with the Civil Procedure Act.
(See Supreme Court Order 2007Ma515 Decided June 26, 2007, etc.). Meanwhile, even if a lawsuit is brought in the form of preliminary co-litigation, if the claim against the co-litigants is not in a legally incompatible relationship, it may be deemed as an ordinary co-litigation relationship and deemed as a common co-litigation relationship.
(See Supreme Court Decision 2006Da47677 Decided March 26, 2009). B.
In this case, the plaintiff filed a claim for unjust enrichment against the defendant A on the ground that the contract price was not established, invalidated, or terminated with the plaintiff. The plaintiff filed a claim for unjust enrichment against the defendant B, C, and D, which caused the broker or assistant, pursuant to the agreement to pay the amount of damages in whole or in part, if the above claim is not accepted in whole or in part, and as to the defendant Seoul Guarantee Insurance, the defendant B and C subscribed.