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1. The defendant A's appeal is dismissed.
2. The costs of appeal shall be borne by Defendant A.
Purport of claim and appeal
1..
Reasons
1. The first instance court accepted the Plaintiff’s primary claim against the Defendant A, and dismissed the conjunctive claim against the Defendant B, and only the Defendant A filed an appeal.
In a subjective and preliminary co-litigation, if one of the primary co-litigants or the conjunctive co-litigants files an appeal, the part of the claim against other co-litigants shall also be prevented, and they shall be subject to adjudication in the appellate court (see, e.g., Supreme Court Decision 2009Da43355, Feb. 24, 2011). The plaintiff's lawsuit in this case is brought to the purport that if the primary claim against the defendant is not accepted, the claim against the defendant A may be accepted, and the primary claim against the defendant Eul is in a subjective and preliminary co-litigation. Thus, even if only the main defendant appealed, the part of the claim against the defendant B is not finalized, and it shall be transferred to the appellate court and shall be subject to adjudication in this court.
2. Basic facts
A. On October 25, 201, the Plaintiff, a corporation operating alcoholic beverage sales business, supplied alcoholic beverages exclusively to Defendant B for three years or longer at the main point of “D” located in Seo-gu, Daejeon (hereinafter “instant main point”), Seo-gu, Daejeon, and Defendant B paid subsidies of KRW 30,000,000 as compensation. The said KRW 30,000,000 as compensation, shall be repaid in installments from Defendant B over the period from November 25, 201 to 15 months, and the interest for arrears corresponding to 20% per annum was paid, and if the transaction is terminated within three years, the agreement was made to receive penalty equivalent to 20% of the subsidies (hereinafter “instant agreement”).
B. The Plaintiff paid KRW 30,00,000 to Defendant B’s account on October 25, 201 in accordance with the instant agreement, and thereafter supplied alcoholic beverages to the instant main points. The Defendant B entirely supplied the said subsidies.