1. The part of the judgment of the court of first instance concerning the merits, including the modification of claims in the trial, is as follows.

1. Scope of adjudication of this court;

A. The first instance court fully admitted Defendant E’s counterclaim, but did not appeal the Plaintiffs, so the scope of the judgment of this court is limited to the claim on the principal lawsuit.

B. The Plaintiffs’ claim against Defendant C is based on the premise that Defendant C succeeds to the contractual status of Defendant F under the accord and satisfaction agreement with Defendant C, and the claim against Defendant F is based on the condition that the claim against Defendant F should be excluded from the claim for performance pursuant to the payment and satisfaction agreement with Defendant F because Defendant C did not succeed to the contractual status of Defendant F. The first instance court accepted the claim against Defendant C, including the share transferred from Defendant F, and dismissed the claim against Defendant F, and only the Defendant C filed an appeal against this.

The plaintiffs' claim against the defendant C and the claim against the defendant F against the defendant is not legally compatible with the contract of the defendant F under the agreement on payment in kind with the deceased Gap, and thus, it is not a subjective preliminary co-litigation under Article 70 of the Civil Procedure Act.

Where one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the final and conclusive part of the claims against other co-litigants shall be prevented, and it shall be subject to adjudication in the appellate court, and in such case, the subject of adjudication in the appellate court shall be determined by taking into account the necessity of the final and conclusive conclusion between the main co-litigants and their parties.

(see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). Therefore, even if only the primary Defendant C filed an appeal against the judgment of the first instance, even if only the primary Defendant C filed an appeal against the judgment of the first instance, the claim portion against the primary Defendant F is also excluded from confirmation, and is subject to adjudication by this court

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