1. Of the part concerning the counterclaim in the judgment of the court of first instance, the amount equivalent to the following amount ordered to be paid (Counterclaim Plaintiff).

1. Where one of the main co-litigants and the main co-litigants files an appeal in a subjective and preliminary co-litigation, the part of the claim related to other co-litigants shall also be prevented, and the appeal shall be subject to adjudication by the appellate court (see, e.g., Supreme Court Decision 2006Du1765, Mar. 27, 2008). In such a case, the subject of adjudication on the appeal shall be determined by considering the necessity of the unity of conclusion between the main and preliminary co-litigants and their parties.

(see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). In a case where the Plaintiff’s principal claim against the Defendant is not accepted, the Plaintiff’s claim against the other Defendants is deemed to have been accepted, and the two claims may not be accepted. The grounds for determining one claim may affect the other claim’s reasoning for determining the other claim, and the process of determining each claim is necessarily mutually combined, and it is recognized that it is necessary to conclude the unity of conclusion among all the parties.

Therefore, a claim against Defendant B and a claim against the remaining Defendants are in a subjective and preliminary co-litigation relationship. Thus, even if only the remaining Defendants filed an appeal against the Plaintiff’s main claim, the confirmation of the claim against Defendant B among the main claim is interrupted, and it is subject to adjudication by this court.

2. Basic facts

A. On March 3, 2010, Defendant B (former District Court 2010Gahap2255, etc.) Defendant B (former District Court 2010Gahap2255, etc.) lent KRW 5.37 billion to G and H to the Daegu District Court on March 3, 2010, “Defendant B lent KRW 5.37 billion in total to G. It was not repaid only KRW 1.25 billion out of the leased principal, and real estate listed in the separate sheet (hereinafter “the instant real estate”).

G and H on November 10, 2009.