1. The part against Defendant A of the judgment of the first instance against the Plaintiff, which corresponds to the following order of payment:

1. Scope of the judgment of this court;

A. Subjective and preliminary co-litigation is a form of litigation in which all co-litigants settle the dispute between each other with respect to the same legal relationship in a lump sum without contradiction, and a judgment shall be rendered on the claims against all co-litigants.

(Article 70(2) of the Civil Procedure Act, and where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the part of the claim related to other co-litigants shall be prevented, and they shall be subject to adjudication as they are transferred to the appellate court. In such cases, the subject of adjudication on an appeal shall be determined by taking into account the necessity of the unity of conclusion between the main and preliminary co-litigants and their parties.

(see, e.g., Supreme Court Decision 2014Da75202, Mar. 20, 2015). (B)

In the first instance trial, the Plaintiff sought damages against the Defendant A on the premise that the said Defendant is a lessee of the instant lease agreement, and as regards the Defendant B, the Plaintiff sought damages against the said Defendant, a non-exclusive agent, if the said lease agreement becomes null and void due to a non-exclusive agent.

However, the above conjunctive defendant's claim against the main defendant is limited to cases where the claim for damages against the main defendant is dismissed, and such form of lawsuit is a preliminary co-litigation of the defendant pursuant to Article 70 (1) of the Civil Procedure Act in cases where the claim against part of the co-litigants is legally incompatible with that against other co-litigants.

C. The judgment of the court of first instance accepted part of the plaintiff's claim against the primary defendant and rejected the claim against the primary defendant. The primary defendant filed an appeal against this, and the plaintiff filed an appeal against the primary defendant only against the primary defendant, and as to the conjunctive defendant's claim dismissed.