1. Revocation of a judgment of the first instance;

Defendant B Co., Ltd. shall pay to the Plaintiff KRW 20,000,000 and that on February 3, 2015.

If one of the main co-litigants and the conjunctive co-litigants files an appeal in a subjective preliminary co-litigation, the part of the claim against other co-litigants shall be prevented, and the appeal shall be transferred to the appellate court (see, e.g., Supreme Court Decision 2006Du17765, Mar. 27, 2008). In such a case, the subject of the appellate court’s judgment shall be determined by taking into account the necessity of the unity of the conclusion between the main and preliminary co-litigants and their parties.

(see, e.g., Supreme Court Decision 2009Da7076, Sept. 29, 2011). The Plaintiff primarily sought restitution of unjust enrichment and the payment of penalty against Defendant B by rescission of a contract against Defendant B, and, in case where a contract relationship is denied, the Plaintiff is liable for tort against the Defendants. This is a subjective preliminary co-litigation relationship in which the legal effect of the other party is denied if the legal effect of the contract is recognized. Therefore, the part on the conjunctive Defendant C, upon the appeal of the primary Defendant B, shall also be excluded from the confirmation of the part on the conjunctive Defendant C in accordance with the appeal by the primary Defendant

Facts of recognition

A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is the franchise agent of B B B B B’s specialized store operated by D (hereinafter “D”), and Defendant C is the head of the Defendant Company.

B. On October 29, 2014, the Plaintiff entered into a franchise agreement with Defendant C on November 27, 2014, which was based on the franchise fee of KRW 90,000,000 and the opening date of the locking E, with respect to the locking expertise points in the FT of the locking E.

(hereinafter referred to as “instant franchise agreement”). (c)

The Plaintiff transferred the down payment of KRW 20,000,000 to the bank account in the name of G as stated in the instant franchise agreement, and KRW 10,000,000 on the date of the contract, and KRW 20,00,000 on November 10, 2014, and the remaining intermediate payment of KRW 20,00,000 on November 17, 201.

However, the above G was identified by Defendant C. D.

In this case.