1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

1. Scope of the judgment of this court;

A. Subjective 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 must render a judgment on the claims against all co-litigants.

(2) Article 70(2) of the Civil Procedure Act (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). In a case of a subjective preliminary co-litigation, if one of the primary co-litigants and the conjunctive co-litigants files an appeal, the scope of the adjudication shall be determined by taking into account the necessity of the unity of the conclusion between the primary co-litigants and the other party, and the claims related to the other co-litigants are excluded from the final judgment (see, e.g., Supreme Court Decision 2006Du17

(see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). (B)

In the first instance trial, the Plaintiff asserted that he lent money to Defendant B at the request of Defendant B, and that he wired money to Defendant C and D’s account, and that he first requested the return of the loan against Defendant B. If Defendant B is not the genuine debtor, the Plaintiff received the money from the Plaintiff and filed a preliminary return of unjust enrichment against Defendant C and D who used the money.

① The Plaintiff’s primary claim against the Defendant B and the ancillary claim against the Defendant C, ② the Plaintiff’s primary claim against the Defendant B and the ancillary claim against the Defendant D are acknowledged as having the legal effect against the Defendant B, and thus, the two claims cannot be accepted in all due to the denial of the legal effect against the Defendant C and D, and thus, they are in a subjective and preliminary co-litigation relationship as stipulated in Article 70 of the Civil Procedure Act.

The first instance court accepted all the claims against the primary defendant B among the plaintiff's claims, and against the primary defendant C and D.