1. Defendant B’s appeal is dismissed.

2. The costs of appeal shall be borne by Defendant B.

Purport of claim and appeal

1..

1. In a subjective and preliminary co-litigation, in which one of the primary co-litigants and the conjunctive co-litigants files an appeal, the part of the claim against the other co-litigants shall be prevented, and the claim shall be transferred to the appellate court and shall be subject to adjudication (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 201). If the plaintiff's claim against the defendant B is not accepted, the claim against the defendant B and the claim against the defendant C against the defendant is brought to the purport that the claim against the defendant would be accepted and changed to the appellate court (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). Thus, even if only the primary defendant B appealed against his lost part, the claim

2. Basic facts

A. The Plaintiff is a corporation that runs a contract service business and other service business, and Defendant B is a business operator of Gangseo-gu Seoul Metropolitan Government D (hereinafter “instant store”).

B. From September 15, 2017 to September 30, 2017, in response to Defendant C’s request for the supply of human resources, the Plaintiff supplied ice and scambling human resources to the instant store, and the amount of human resources supply including fees is KRW 6,028,00,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 7, and 8, the purport of the whole pleadings

3. The plaintiff's assertion that the plaintiff signed a human resources supply contract with the defendant Eul who represented the defendant Eul and supplied human resources to the store in this case of the defendant Eul's operation. The defendant Eul is liable to pay the plaintiff the human resources supply price of KRW 6,028,00 and the delay damages, or is liable to return the above amount with unjust enrichment

If the human resources supply contract between the plaintiff and the defendant B was not concluded, the defendant C is liable to pay the plaintiff 6,028,000 won and the delay damages as the unauthorized representative.

4. Determination

(a) Gap 2 and 2.