1. All appeals by Defendant C are dismissed.

2. The costs of appeal shall be borne by Defendant C.

Purport of claim and appeal

1..

1. The Plaintiff’s primary claim within the scope of the judgment in this Court is the Defendant Company’s claim for the payment of the equipment rent on the premise that the Defendant Company is a party to the contract for the lease of equipment for construction works on the Incheon Ba-gun and E-Ground Housing (hereinafter “instant contract”).

In addition, the Plaintiff’s conjunctive claim is a claim seeking the payment of equipment rent to the said Defendants on the premise that Defendant C and Defendant B are parties to the instant contract, or seeking the payment of damages caused by the said Defendants’ deception.

On this issue, the court of first instance dismissed the claim against the primary defendant company and the claim against the conjunctive defendant B, and accepted only the claim against the conjunctive defendant C, and only the defendant C filed an appeal.

However, the Plaintiff’s claim against the Defendants is a claim that is legally incompatible and legally accepted by the parties to the instant contract depending on who is the Defendants, and is in a subjective and preliminary co-litigation relationship under Article 70 of the Civil Procedure Act. Therefore, it is necessary to make a conclusion final and conclusive between all parties.

Therefore, even if only Defendant C filed an appeal against the judgment of the first instance court, the claim against the primary defendant company and the claim against the conjunctive defendant B shall also be prevented, and the decision shall be transferred to this court and shall be subject to adjudication.

2. The reasoning of the court's explanation of this case is the same as that of the part concerning the reasoning of the judgment of the court of first instance, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the plaintiff's claim against the main defendant company and the conjunctive defendant Eul's claim against the main defendant company are without merit, and only the remaining conjunctive defendant C's claim is justified, and the judgment of the court of first instance is just in conclusion.