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1.The judgment of the first instance shall be modified as follows:
The plaintiff's claim against the defendant A is dismissed.
(b) the defendant.
Reasons
1. The scope of the trial of this court primarily sought the payment of the goods against Defendant A and sought the payment of the goods in preliminary order. The court of first instance served the notice of performance recommendation that recommends all the Defendants to implement the payment in accordance with the purport of the claim, and then only the Defendant A was deemed final and conclusive with respect to the defect of the objection against the above performance recommendation decision, and the Plaintiff’s claim against Defendant A was dismissed by proceeding with the pleading only with the Plaintiff and only the Defendant A.
However, according to the plaintiff's assertion, the main claim of this case is mainly based on the premise that the defendant Eul as the employee of the defendant Eul, has the authority to act for the defendant Eul or at least an expression agent, and thus the legal effect of the transaction of the goods of this case belongs to the defendant Eul, and the main claim of this case is to seek payment of the goods to the defendant Eul who is an unauthorized agent under the premise that the defendant Eul does not have the authority to act for the defendant Eul, and the above two claims are legally incompatible. Thus, the lawsuit of this case constitutes a subjective preliminary co-litigation under Article 70 (1) of the Civil Procedure Act
However, Articles 67 through 69 of the Civil Procedure Act shall apply mutatis mutandis to preliminary co-litigations under Article 70 of the Civil Procedure Act, and the unification of litigation materials and proceedings is required (main sentence of Article 70(1) of the Civil Procedure Act). However, each co-litigants who waives or recognize claims, compromises, and take legal actions (proviso of Article 70(1) of the Civil Procedure Act). In light of the foregoing, if a decision in lieu of conciliation becomes final and conclusive, the decision in lieu of conciliation becomes final and conclusive in principle in relation to the co-litigants, unless some co-litigants do not raise any objection against the decision
Provided, That it shall not be allowed to make a separate decision in lieu of conciliation.