Among the judgment of the first instance, the part against the primary defendant is revoked, and the plaintiffs' claim against the primary defendant is filed.

1. The Plaintiffs filed a lawsuit against the primary Defendant and the primary Defendant for the payment of wages. The first instance court accepted the claim against the primary Defendant, and dismissed the conjunctive claim against the primary Defendant.

In this regard, only the primary defendant appealed, but the subjective preliminary co-litigation is the form of litigation in which all co-litigants settle the dispute between themselves in the same legal relationship in a single litigation procedure without contradiction.

Therefore, a judgment should be rendered on the claims against all co-litigants (Article 70(2) of the Civil Procedure Act), and it is not allowed to render a judgment on the claims against some co-litigants or make an additional judgment on the remaining co-litigants.

In addition, if one of the main co-litigants or the conjunctive co-litigants files an appeal in a subjective and preliminary co-litigation, the part of the claim against other co-litigants shall be prevented from becoming final and conclusive, and it shall be subject to adjudication in the appellate court (see, e.g., Supreme Court Decisions 2009Da4355, Feb. 24, 201; 2009Da104960, Mar. 27, 2014); and the claim against the conjunctive defendant shall be transferred to the appellate court and included in the scope of adjudication of this court.

2. Basic facts

A. On December 9, 2016, a contract was concluded between the primary Defendant and the primary Defendant with respect to the construction of a new urban-type housing unit on the ground (hereinafter “instant construction project”) in the name of the former Special Self-Governing Party, the terms of KRW 1.9 billion for the construction cost and the construction period from December 2, 2016 to August 2017 (hereinafter “instant construction contract”).

B. On March 6, 2017, between the primary Defendant and the primary Defendant in the name of the primary Defendant, “The primary Defendant renounces the instant construction, and the primary Defendant is not liable for the amount payable, such as wages, etc. accrued from the commencement date of the instant construction work, and shall not be held liable to the primary Defendant for the portion of the construction on the site.”