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1. Defendant B’s appeal is dismissed.
2. The costs of appeal shall be borne by Defendant B.
Purport of claim and appeal
1..
Reasons
1. Where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claim against the other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court. In such a case, the subject of the appellate trial shall be determined by taking into account the necessity of the conclusion between the main preliminary co-litigants and their parties.
(See Supreme Court Decision 2009Da43355 Decided February 24, 201). The Plaintiff’s claim in this case was brought to the effect that if the claim against Defendant B is not accepted, the claim against the Defendants would be accepted. As such, the primary claim against Defendant B and the conjunctive claim against Defendant B are in a subjective and preliminary co-litigation relationship, only the primary Defendant B appealed against their lost part.
Even if it is so, the preliminary part of the claim against Defendant C and D is not confirmed, and it will be subject to the judgment of this court.
2. Defendant B did not submit the grounds of appeal, and even if the evidence submitted in the first instance court is re-examineed in consideration of the circumstances alleged in Defendant B’s first instance trial, the fact-finding and judgment in the first instance court is recognized as legitimate.
Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, and thus, citing it as is by the main text of Article 420 of the Civil Procedure Act.
3. In conclusion, the plaintiff's claim against the defendant B shall be accepted on the ground of its reason, and above, the claim against the conjunctive defendant C and D shall be dismissed on the ground of the lack of reasons without examining further.
The judgment of the court of first instance is just in conclusion, and the appeal by the defendant B is dismissed as it is without merit. It is so decided as per Disposition.