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1. In a subjective and preliminary co-litigation, if an appeal is filed against any one of the main co-litigants and the conjunctive co-litigants, the part against the other co-litigants shall be transferred to the appellate court for the judgment of appeal;

In such cases, the scope of the adjudication on the appeal shall be determined in consideration of the necessity for the conclusion of the conclusion between the primary and preliminary co-litigants and their parties.

(See Supreme Court Decision 2009Da4355 Decided February 24, 201, and Supreme Court Decision 2006Du17765 Decided March 27, 2008). In the first instance trial, the Plaintiff filed a claim for damages against joint tort committed by Defendant Home P and Defendant C, on the premise that the Plaintiff is a party to the goods supply contract. In addition, the Plaintiff filed a claim for the return of the price of the goods that the Plaintiff paid to Defendant Home P and Home P and the Plaintiff (hereinafter “Defendant Home P and the Plaintiff”) around the first instance trial on the premise that the goods supply contract is a party to the goods supply contract.

The form of lawsuit is a preliminary co-litigation under Article 70(1) of the Civil Procedure Act, where a claim against a part of the co-litigants is legally incompatible with a claim against another co-litigants.

The court of first instance dismissed the plaintiff's main claim, the plaintiff's main claim, the plaintiff's home fluor and the conjunctive claim against the defendant C, and accepted only the plaintiff's conjunctive claim against the defendant B, and only the plaintiff appealed against the judgment of the first instance court.

The plaintiff stated in the petition of appeal as if he appealed against the defendant B, but since the claim against the conjunctive defendant B was accepted in the first instance, there is no interest in the appeal.

In light of the above legal principles, the part concerning the conjunctive defendant B, upon the plaintiff's appeal, is also excluded from the confirmation, and it is transferred to the appellate court.

However, the conjunctive defendant B is in the position of "party to the appellate trial" who did not appeal without filing an appeal.