1. The judgment of the court of first instance is modified as follows.

Defendant B Co., Ltd. shall pay to the Plaintiff KRW 25,630,000.

1. The plaintiff filed a claim against the defendant Eul for the payment of KRW 15.63 million for the main goods and the return of KRW 10 million for the security of the damage claim against the main goods and the return of KRW 15.6 million for the conjunctive unjust enrichment. The plaintiff filed a claim against the conjunctive defendant C for the payment of KRW 15.63 million for the main goods and the refund of KRW 10 million for the security of the damage claim against the main goods and the return of KRW 15.63 million for the conjunctive tort. The court of first instance rejected the claim against the main defendant Eul and dismissed the claim against the conjunctive defendant C.

In response to this, only Defendant B appealed, but only one of the primary co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the final and conclusive part of the claim against other co-litigants is prevented, and it is subject to adjudication by the appellate court (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 201). As such, the part of the claim against the conjunctive Defendant C by an appeal by the primary Defendant B became the scope of adjudication by this court.

Therefore, this decision is judged together.

2. Basic facts

A. (1) The Plaintiff is a person who runs a wholesale and retail business with the trade name of "E" having a place of business in the Dong-gu, Gwangju Metropolitan City.

(2) Defendant C is a person who registered his/her business under the trade name “F on November 20, 2017.”

The said “F” place of business was located in the Gwangju-gu G, 9th H, 10th H, and 11th floor Jho (hereinafter referred to as “instant real estate”); the said real estate was owned by Defendant B from September 3, 2010 to November 28, 2018; Defendant C was the representative director of the Defendant B from November 30, 2015 to January 8, 2016; and Defendant C was each employed as Defendant B’s internal director from November 30, 2015 to October 13, 2017.

on January 8, 2016, which Defendant C resigned from the office of representative director of Defendant C.