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1.The judgment of the first instance shall be modified as follows:
The defendant and the conjunctive defendant are 29,683,526 won to each plaintiff.
Reasons
1. The facts of recognition revealing a civil petition filed by the Plaintiff on January 17, 201, B apartment (hereinafter “instant apartment”) 401 Dong 211 and 211, that the Plaintiff was unable to work for 5% on the right side due to the 401-dong 211 occupant, and the Plaintiff tried to open a opening door on the side of the entrance of the above apartment No. 401-dong 11 and check the underground drainage pipes, and fall down (hereinafter “instant accident”) with the underground floor below 2 meters or more. The instant accident led to the instant accident, the Plaintiff lost the ability to work for 54% on the two parts, brain, and the scale, and the upper part of the number of the parties concerned, the number No. 1 and No. 5 (including the number No. 11 and No. 15), and the purport of the entire court’s appraisal and examination of the character of each of the first instance court as a result of each of the instant accident, and each of the following:
2. Judgment on the plaintiff's claim
A. A lawsuit can be filed by combining to the purport that a claim against the conjunctive defendant, which is legally incompatible, is accepted in a case where the primary and conjunctive claim against the primary defendant is not accepted in the form of a preliminary co-litigation. In this case, if the primary claim against the primary defendant and the conjunctive claim against the primary defendant are legally incompatible, it is not a preliminary co-litigation as provided by Article 70(1) of the Civil Procedure Act, but a two claims can be deemed as a common co-litigation and judged by combining them.
Furthermore, in a case where an obligor who has a relationship of quasi-joint and several liability as a co-defendant is brought an action for performance, each claim against the co-defendant is not incompatible with the law, and such a lawsuit is stipulated in Article 70(1) of the Civil Procedure Act.