1. The part of the first instance judgment against the Defendants shall be revoked.

2. The plaintiff's primary claim against the defendant C.

1. Scope of the judgment of this court;

A. In the first instance trial of Defendant C’s appeal, the part of the Plaintiff’s primary claim against Defendant C and B and the Plaintiff’s conjunctive claim against Defendant D against Defendant C was cited, but the Plaintiff’s respective claim against B and Defendant D was dismissed, and the part of the first instance judgment against Defendant C was appealed.

B. Where one of the main co-litigants and the conjunctive co-litigants files an appeal against the conjunctive defendant D in a subjective and preliminary co-litigation, the final and conclusive part of the claim concerning other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court and subject to adjudication (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). In such a case, the subject of adjudication on appeal shall be determined in consideration of the need for the final and conclusive conclusion between the main and preliminary co-litigants and their other parties.

(see Supreme Court Decision 2009Da43355, Feb. 24, 2011). Therefore, due to the instant appeal by Defendant C, the primary co-litigants, the confirmation of the Plaintiff’s claim part concerning Defendant D, which is the conjunctive co-litigants, was prevented, and became subject to adjudication by this Court.

C. On the other hand, the Plaintiff’s claim against B and the primary Defendant C against B is an ordinary co-litigation that does not need to be united.

In ordinary co-litigations, the effect of final blocking due to an appeal shall only be effective for the appellant and his counterpart, and no claim against other co-litigants shall be effective.

(see, e.g., Supreme Court Decision 2009Da7076, Sept. 29, 201). Therefore, Defendant C’s appeal only causes the Plaintiff, who is the other party, and is another co-litigants of the first instance court. Therefore, the Plaintiff’s claim against B among the judgment of the first instance court became final and conclusive by failing to file an appeal against the part for which the Plaintiff’s claim against B was dismissed

2. Facts of recognition;

A. B: (a) February 2016.