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(영문) 대법원 2016.08.29 2016다25089

대여금

Text

The plaintiff's appeal against the defendant C is dismissed.

The plaintiff's appeal against the defendant B is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

1. The appeal on the appeal against the defendant C is intended to seek revocation or alteration of the judgment disadvantageous to himself/herself. Thus, the appeal on the appeal against the judgment in favor of the defendant C cannot be allowed. Whether the judgment will disadvantage the appellant or not should be determined based on the text of the judgment, in principle, at the time of filing the appeal. If the appellant's claim was fully accepted, there is no benefit of appeal.

(see, e.g., Supreme Court Decisions 83Da515, Oct. 25, 1983; 98Du11915, Nov. 10, 1998). According to the reasoning of the lower judgment, the lower court can be found to have maintained the first instance judgment that accepted the Plaintiff’s claim against Defendant C in its entirety, and thus, the Plaintiff cannot be deemed to have benefit from the appeal against Defendant C in its entirety.

Therefore, the Plaintiff’s appeal against Defendant C is unlawful.

2. The final appeal against Defendant B is a small claim, and the final appeal may be filed only when there is a ground set forth in the subparagraphs of Article 3 of the Trial of Small Claims Act. The ground of final appeal against Defendant B does not constitute such ground.

3. The Plaintiff’s appeal against Defendant C is dismissed, and the appeal against Defendant B is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.