1. The plaintiff's appeal against the defendant and the independent party intervenor is dismissed in entirety.

2. The appeal costs are assessed against the Plaintiff.

1. Scope of the judgment of this court;

A. In a lawsuit involving intervention by an independent party pursuant to Article 79 of the Civil Procedure Act, when an independent party participation is deemed lawful and a judgment on the merits is rendered on the lawsuit between the plaintiff, the defendant, and the independent party intervenor, a final judgment shall be rendered on the merits of the lawsuit between the above three parties by rendering a single final judgment on the title holder of the judgment. In a case where one party appeals on such merits, the final judgment of the first instance court shall be interrupted, and the whole case shall take effect.

In such cases, the subject of the appellate court's judgment shall be limited to the scope of objection expressed in the purport of appeal by the person who filed the actual appeal, but the scope of the judgment should be determined by considering the necessity of the conclusion of the conclusion between the three parties

(See Supreme Court Decision 2009Da71312 Decided November 13, 2014). B.

The judgment of the court of first instance accepted the intervenor's claim against the plaintiff by recognizing that the intervenor's independent party participation is lawful, and partly accepted the defendant's claim against the defendant, and dismissed the plaintiff's claim against the defendant, and only the plaintiff appealed.

With respect to the intervenor's claims against the defendant, the intervenor and the defendant did not appeal both, but they were transferred to the trial court for the confirmation of unity between the parties.

However, as seen below, all of the Plaintiff’s appeals should be dismissed, which is inconsistent with the part accepting part of the Intervenor’s claims against the Defendant in the judgment of the first instance court, and thus, it cannot be said that the adjudication on this part is necessary due to the request for confirmation of unity.

Therefore, the part of the intervenor's claim against the defendant is excluded from the scope of this Court's trial.

2. Basic facts

A. The Defendant is a legal entity that runs an insurance business under the Insurance Business Act, and the network E (hereinafter “the network”) is between the Defendant and the Defendant.