Of the judgment of the first instance, the part against Defendant D Co., Ltd is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. Subjective preliminary co-litigation within the scope of the judgment of this court 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 (Article 70(2) of the Civil Procedure Act). In a subjective preliminary co-litigation, where one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the confirmation of the claim part concerning other co-litigants shall be interrupted, and the claim part concerning other co-litigants shall be transferred to the appellate court, and the subject to the judgment. In such a case, the subject to the judgment of the appellate court shall be determined by taking into account the necessity of the unity of conclusion between the main

(see, e.g., Supreme Court Decision 2014Da75202, Mar. 20, 2015). The Plaintiff’s claim in this case was brought to the purport that if the claim against the Defendant B and the company is not accepted, the claim against the Defendant C would be accepted. The claim against the Defendants is a subjective preliminary co-litigation relationship, and thus, the Defendants appealed as to the part against which they lost.

Even if so, the part of the claim against the conjunctive defendant is not confirmed, and it is subject to the judgment of this court.

However, the conjunctive defendant is in the position of "party to the appellate trial" who has not lodged an appeal without filing an appeal.

2. The reasoning of the judgment of the court of first instance cited the same as the reasoning of the judgment of the court of first instance, except for cases where partial contents are revised as follows, and thus, it is acceptable as it is by the main sentence of Article 420

[The grounds for appeal by Defendant B are not significantly different from the allegations in the first instance court, and according to the evidence duly adopted and examined by the first instance court, the fact-finding and judgment on the part concerning Defendant B in the first instance court is justifiable. [This part] [Article 7 of the first instance court's decision].