The plaintiff's appeal is dismissed.

The costs of appeal by the plaintiff are assessed against the plaintiff.

1. Judgment on the defendant's appeal

A. In a case where the plaintiff appealed a part of the judgment of the court of first instance which partially accepted the plaintiff's claim, and the defendant appealed only part of the part against which he lost, the part of the judgment of first instance which the defendant did not appeal was transferred to the appellate court due to the plaintiff's appeal and the defendant's appeal as to the remaining part of the judgment of first instance, but did not belong to the appellate court. Therefore, if the appellate court revoked part of the part against the defendant in the judgment of first instance by admitting the defendant's appeal and dismissed the plaintiff's claim as to that part, it is limited to the part against the defendant's appeal subject to the judgment of the court of first instance, and the appellate court did not render a judgment as to the part against

(see, e.g., Supreme Court Decisions 98Da5357, May 22, 1998; 2012Da52731, Oct. 24, 2013). (B)

The judgment below

The reasons and records reveal the following facts.

1) The Plaintiff sought payment of KRW 20,302,208,040 against the Defendant and delay damages therefor. The first instance court, upon partially accepting the Plaintiff’s claim, ordered the Defendant to pay KRW 15,302,208,040 to the Plaintiff, and dismissed the remainder of the Plaintiff’s claim. (2) The Plaintiff appealed against the part of the first instance judgment against the Plaintiff. However, the Defendant appealed only to the part against the Defendant in the first instance judgment, and only to the part against which the Defendant lost, the Defendant appealed.

The court below dismissed the plaintiff's appeal while the defendant's appeal is accepted in its entirety, and among the judgment of the court of first instance, the defendant's appeal amounting to KRW 5,302,208,040 against the plaintiff and damages for delay.