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(영문) 인천지방법원 2019.01.24 2018나68806

구상금

Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. The Plaintiff asserts that the part concerning the costs of lawsuit in the judgment of the court of first instance regarding the legitimacy of appeal is 8/9 out of the costs of lawsuit and that the Defendants should bear the remainder of the costs of lawsuit, and that the aforementioned part should be modified to be borne by the Defendants.

With respect to a judgment on the costs of lawsuit, a judgment on the costs of lawsuit may be lodged independently with a final judgment on the merits without filing an independent appeal (Articles 391 and 390 of the Civil Procedure Act), and any objection against the judgment on costs of lawsuit shall be permitted where the whole or part of an appeal on the judgment on the merits of lawsuit is sustainable, and where an appeal on the merits of lawsuit is groundless

(See Supreme Court Decision 98Da22048 delivered on September 8, 1998, etc.). The Plaintiff filed an appeal only against the part concerning the costs of lawsuit in the judgment of the first instance, and did not appeal against the part concerning the merits, so the Plaintiff’s appeal is not allowed in light of the above legal principles.

2. In conclusion, the plaintiff's appeal is unlawful and thus it is decided to dismiss it. It is so decided as per Disposition.