1. The plaintiff's appeal and the main defendant's appeal are all dismissed.

2. Between the Plaintiff and the primary Defendant.

1. Scope of adjudication of this court;

A. On the premise that the amount deposited by the conjunctive Defendant in Seoul Eastern District Court (No. 1161, 2014) includes the Plaintiff’s indirect costs, the Plaintiff sought confirmation of the claim for payment of deposit money from the primary claim against the primary Defendant. Under the premise that the amount deposited as above does not include the Plaintiff’s indirect costs, the Plaintiff sought confirmation of the amount of construction payment from the primary claim against the primary Defendant and the direct payment of the subcontract price against the primary Defendant.

The court of first instance rejected all of the conjunctive Defendant’s claim against the primary Defendant on the premise that the primary Defendant’s claim was included in the Plaintiff’s indirect expenses (in the case of the primary claim against the primary Defendant, on the ground that the primary claim against the primary Defendant was not judged separately on the ground that the primary claim against the primary Defendant was entirely dismissed. Accordingly, the Plaintiff appealed against the primary Defendant, and the primary Defendant filed an appeal against the Plaintiff.

B. A subjective preliminary co-litigation is a form of litigation in which all co-litigants resolve a dispute between each other in relation to the same legal relationship without contradiction, and a judgment is rendered on the claims against all co-litigants (Article 70(2) of the Civil Procedure Act). In a subjective preliminary co-litigation, where one of the primary co-litigants and the preliminary co-litigants files an appeal in a subjective preliminary co-litigation, the confirmation of the part of the claims against other co-litigants is interrupted, and it is subject to adjudication after being transferred to the appellate court (see Supreme Court Decision 2009Da4355, Feb. 24, 2011). If an appeal is filed against any one of the primary co-litigants and the preliminary co-litigants, the part of the claims against other co-litigants is transferred to the appellate court and becomes subject to adjudication on the appeal.