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(영문) 서울서부지방법원 2019.06.27 2019나30673

손해배상(기)등

Text

1. The appeal of this case shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

purport, purport, and.

Reasons

1. The first instance court rejected the lawsuit of this case without pleading on the ground that “The part of the lawsuit of this case concerning the claim of this case constitutes an illegal lawsuit for which the claim of this case cannot be seen as having been specified on the grounds that it is impossible to ascertain the Defendants’ obligation to pay money to the Plaintiff (Appointed Party) and the designated parties based on what factual relations and legal grounds, and that the cause of the claim cannot be seen as having been specified. The part seeking the delivery of goods and the obligation to remove the result cannot be deemed as having been specified in the purport of the claim and the cause of the claim, as

2. According to the records of this case, the plaintiff (appointed) submitted a petition of appeal against the judgment of the court of first instance. However, as the court of first instance properly stated, the plaintiff's defect in the lawsuit itself is not clear and its cause of claim is not corrected.

In addition, since the purport of appeal and guidance for appeal stated in a petition of appeal and other written documents submitted by the plaintiff (appointed party) are unclear, the scope of appeal against the judgment of the court of first instance and the object of appeal cannot be specified in the appellate court.

Even if the pleading is in progress, there is no room for an appellate court to revoke the judgment of the first instance court, and to grant legal remedies desired by the plaintiff (appointed party) by having the plaintiff render a judgment on the merits or remand the case to the first instance court for rendering a judgment on the merits.

Nevertheless, it is not desirable in terms of the economy of litigation if a final judgment on appeal should be made through the oral proceedings, and it may result in the appellant's disadvantage due to the increase in litigation costs, etc.

In addition, in the event that the defects are not corrected due to illegal lawsuits, it is called the above litigation economy and the protection of the interests of the parties.