1. The part of the judgment of the court of first instance against the defendant B shall be revoked, and the plaintiff shall be subject to the revocation part against the defendant B.

1. The Plaintiff filed a claim for damages with Defendant B as the primary Defendant and with Defendant C as the primary Defendant. The Plaintiff’s claim for damages with Defendant C as the primary Defendant. In the first instance court’s claim, “The Defendant jointly provided that “The Plaintiff shall jointly pay to the Plaintiff 11,827,730 won and the amount calculated by the rate of 5% per annum from January 28, 2018 to the final delivery date of the copy of the application for modification of the claim and the cause of the claim in this case, and 15% per annum from the following day to the date of full payment.” However, in light of the cause of the claim, the Plaintiff shall be deemed to have designated Defendant B as the primary Defendant and the Defendant C as the primary Defendant, and thus, the Plaintiff is so appointed.

(1) The court of first instance accepted part of the claim against the primary defendant and dismissed all of the claim against the primary defendant. The court of first instance rejected the claim against the primary defendant.

In response to this, only the primary Defendant B appealed, but only one of the primary co-litigants and the primary co-litigants files an appeal in a subjective co-litigation, the final and conclusive part of the claim against other co-litigants is prevented, and it is subject to adjudication by the appellate court (see Supreme Court Decision 2009Da43355, Feb. 24, 201). As such, by the appeal of the primary Defendant B, the part of the claim against the conjunctive Defendant C became the scope of adjudication by this court.

Therefore, the trial is also judged by the preliminary defendant C's claim.

2. Basic facts

A. The Plaintiff is a person who operates the instant bookstore (hereinafter “instant bookstore”) with the trade name “H” in subparagraphs f through G of the 1st floor of the building E-dong, Jeonju-si (hereinafter “instant shopping mall”).

Defendant C is the owner of the second floor of the instant commercial building (hereinafter referred to as “I”), and Defendant B is the lessee under subparagraph I, who is the “J” in subparagraph I.