1. Of the judgment of the court of first instance, including the claim for a principal lawsuit added and reduced by the plaintiff's incidental appeal.

1. The plaintiff, at the court of first instance, filed, primarily against the defendant B, a lawsuit claiming damages against the defendant C Co., Ltd. (hereinafter "the defendant Co., Ltd.") on the grounds of impossibility of returning the leased object. Accordingly, the defendants, as a counterclaim, filed a claim for the return of the leased deposit against the plaintiff, primarily against the defendant Co., Ltd., and as a preliminary claim against the plaintiff, the defendants filed a claim for the return of the leased deposit against the plaintiff

The court of first instance dismissed the part of the main claim against the main defendant B, and partly accepted the part against the main defendant B, and all of the defendants' counterclaims were dismissed.

As to this, the Defendant Company appealed against the failure part of the principal claim and the counterclaim part, and the Plaintiff filed an incidental appeal against the Defendants, but withdrawn the lawsuit against the Defendant B.

Accordingly, the plaintiff's main claim against the defendant B is excluded from the object of this Court's trial.

Meanwhile, Defendant Company’s counterclaim claim against the Plaintiff is premised on the premise that the Defendant Company is a lessee under a lease agreement. Defendant B’s counterclaim claim is not the Defendant Company but the lessee, and thus, the two claims cannot be legally compatible. Therefore, there is a subjective preliminary co-litigation relationship.

In a subjective conjunctive co-litigation, if either of the primary co-litigants or the conjunctive co-litigants files an appeal, the confirmation of the part of the claim against the other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court, and the subject of adjudication shall be determined by the appellate court. In such a case, the subject of adjudication on the appeal shall be determined in consideration of the need for confirmation of the conclusion between the primary and conjunctive co-litigants and the other party. Thus, only the defendant company filed an appeal against the first judgment.

Even if the above defendant B’s counterclaim claim, which has a subjective conjunctive co-litigation relationship with the above defendant, is also interrupted.