1. The part of the judgment of the court of first instance against the defendant C among the judgment of the court of first instance is revoked, and the plaintiff's status is revoked.

1. In the first instance trial of this court, the plaintiff sought payment of the above money to the main defendant Eul on the grounds that the defendant Eul primarily borrowed KRW 136.2 million from the plaintiff, and the conjunctive defendant Eul borrowed the above money on behalf of the defendant Eul Co., Ltd. (hereinafter "the defendant Co., Ltd."), and the conjunctive defendant Co., Ltd. sought payment of the above money to the main defendant Co., Ltd... The form of lawsuit is a preliminary co-litigation under Article 70 (1) of the Civil Procedure Act, where the claim against part of the co-litigants is legally incompatible with that against other co-litigants.

The court of first instance dismissed the claim against the primary defendant and rendered a judgment that partly accepted the claim against the primary defendant, and only the primary defendant filed an appeal against the lost part.

In a preliminary co-litigation, if an appeal is filed against any one of the main co-litigants and the conjunctive co-litigants, the part of the claim against the other co-litigants shall be transferred to the appellate court and they shall be subject to the judgment of the appellate court.

(See Supreme Court Decision 2009Da43355 Decided February 24, 201, and Supreme Court Decision 2006Du17765 Decided March 27, 2008). However, the primary Defendant B is in the position of “parties to Appeal” who did not appeal without filing an appeal.

2. Basic facts

A. On December 209, the Plaintiff (F’s director), Defendant B (Representative Director of Defendant Company F), D (Representative Director of F Company F), and E (GG Limited Liability Company) agreed to implement the clothing distribution business (hereinafter “instant business”) with the Defendant Company’s own brand as H in Korea from 2010 to H (hereinafter “instant business”).

B. D withdraws his intent to participate in the instant project from April 2010, and demands the return of KRW 100 million invested by the Plaintiff, Defendant B, and E during that period.