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1. The plaintiff's appeal is dismissed.
2. The costs of the lawsuit after the appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. Subjective and preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between each other with respect to the same legal relationship in a lump sum without contradiction (Article 70(2) of the Civil Procedure Act). A judgment is not allowed, or an additional judgment is rendered for the remaining co-litigants (see, e.g., Supreme Court Decision 2007Da36308, Apr. 10, 2008). In addition, when an appeal is filed against either the primary co-litigants or any of the conjunctive co-litigants in a subjective and preliminary co-litigants in a subjective and preliminary co-litigation, the part of the claim against the other co-litigants is also subject to the appellate trial and the judgment is also subject to the appellate trial (see, e.g., Supreme Court Decision 2006Du1765, Mar. 27, 2008). In such a case, the subject of the judgment on appeal shall be determined by taking into account the need for the final judgment between the primary and preliminary co-litigants and their parties.
(See Supreme Court Decision 2009Da43355 Decided February 24, 201). The Plaintiff primarily sought the return of the lease deposit upon the termination of the said lease agreement from Defendant B by asserting that Defendant B granted the right of representation to the Defendant C regarding the conclusion of the instant lease agreement, and then sought the return of the lease deposit to Defendant C in preliminary order according to the non-authorized representative liability. The first instance court dismissed Defendant B’s primary claim against Defendant C, and accepted the conjunctive claim against Defendant C, and the fact that only the Plaintiff appealed as to the primary claim against the Defendant B, which is the part against the Plaintiff.
If we look at the above facts in light of the legal principles as seen earlier, the primary claim against Defendant B and the conjunctive claim against Defendant C are not accepted in entirety.