1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. The plaintiff's claim against the defendants constitutes a preliminary co-litigation under Article 70 (1) of the Civil Procedure Act.

The court of first instance dismissed the Plaintiff’s primary claim against the Republic of Korea, and accepted the claim against the primary Defendant B (hereinafter “Defendant Company”), and only filed an appeal against the primary Defendant in the judgment of first instance against the primary Defendant.

However, if one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the part of the claim against other co-litigants shall be prevented from becoming final and conclusive, and they shall be subject to adjudication in the appellate court (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). In such a case, the subject of adjudication on an appeal shall be determined by taking into account the necessity of a single final and conclusive conclusion between the main and preliminary co-litigants and their other parties (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 201). Thus, the Plaintiff’s claim against the Defendant company is separated and included in the scope of adjudication in this court.

However, the Defendant Company constitutes a “party to the appellate trial” who did not appeal even though it did not appeal.

2. The reasoning of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is the same as that of the judgment of the court of first instance, except where the plaintiff added the judgment of the court of first instance as to the plaintiff's primary defendant's claim against the Republic of Korea again or newly made by the court of first instance as to the plaintiff's primary defendant.

3. The further determination of this Court

A. The gist of the Plaintiff’s assertion is that the instant secondary supplementary project agreement was concluded by the president of C University, a competent authority, to succeed to the status of lessor when examining the details of and reasons for the conclusion of the instant secondary project agreement, the preparation of the instant confirmation document, etc.