1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.

1. Whether this Court is subject to the adjudication - Whether the term “preliminary Plaintiff part” is subject to the adjudication of this Court

A. Subjective preliminary co-litigation of the relevant legal doctrine is “the form of litigation in which all co-litigants settle the dispute between the same legal relationship in a lump sum without contradiction,” and a judgment shall be rendered on the claims against all co-litigants.

(2) Article 70(2) of the Civil Procedure Act (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). In a case where one of the main co-litigants and the conjunctive co-litigants files an appeal or the other party files an appeal against one of the conjunctive co-litigants, the part of the claim against other co-litigants who are not the other party to the appeal is prevented from filing an appeal or becoming final and conclusive, and they are subject to adjudication by the appellate court (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 201). However, Articles 67 through 69 of the Civil Procedure Act are not applicable mutatis mutandis to the withdrawal

In addition, where the plaintiff's preliminary lawsuit is legally withdrawn, the plaintiff's preliminary lawsuit is separated and finalized at the same time, and the preliminary co-litigation relationship that requires the unity is extinguished, and only the ordinary litigation relationship between the remaining parties remains (see Supreme Court Decision 90Da4723, Jan. 25, 1991).

In this case, 1) 1) The main Plaintiff Gold Industrial Co., Ltd. (hereinafter in this paragraph referred to as “main Plaintiff”).

The plaintiff asserts that "the preliminary plaintiff acquired the damage claim that he had against the defendants," and claimed damages against the defendants including the preliminary plaintiff's damage compensation, and ② the preliminary plaintiff in the first instance trial would prepare for the case where the claim transfer procedure is not available.