1.(a)

All appeals filed by the plaintiff against G and H, which are lawsuits filed by the defendant Lee Dong-Ba, are dismissed.

B. The judgment of the court of first instance is in force.

1. We examine the part concerning the plaintiff's claims against the defendant C and D within the scope of the judgment of this Court (as to the claims against the defendant C and D).

In the first instance court, the Plaintiff filed a claim for damages against the conjunctive Defendant C and D on the ground of joint tort, and the second preliminary claim for the loan. The first instance court did not determine the claim for damages against the Defendant C and D on the ground that the contractual claim should be judged earlier than the claim for tort under the Civil Act, and determined only the loan claim and recognized the entire claim.

However, in light of the nature of the selective claims, the so-called “an action for non-performance of a conjunctive claim” that the parties have filed a lawsuit in the form of a consolidation of primary and conjunctive claims is permitted to limit the order and scope of the trial proceedings (see Supreme Court Decision 98Da17145, Sept. 4, 2002). If the plaintiff claims the primary claim and the conjunctive claim, and the court accepted the conjunctive claim and rendered a judgment in favor of the plaintiff, the plaintiff can file an appeal with the disadvantage that the primary claim has been rejected.

In light of these legal principles, the first instance court should have judged the plaintiff's claim for damages due to the main claimant's joint tort first in accordance with the order of determination of the plaintiff's claim against the defendant C and D, but did not determine this part of the claim, and only the conjunctive claimant's claim was erroneous.

Therefore, among the judgment of the court of first instance by the plaintiff's appeal, the primary claim for damages against the defendant C and D (joint tort claim) and the conjunctive claim for damages against the defendant C and D (joint tort claim) are all prevented from confirmation and they are included in the scope of the judgment of this court.

However, the Plaintiff withdrawn the claim for loans to Defendant C and D in the previous preliminary claimant C and D while the lawsuit is pending in this court. Thus, the judgment of the court of first instance is against Defendant C and D.