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(영문) 대법원 2018.05.30 2018다220062

손해배상(자)

Text

All appeals shall be dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

The appeal shall be examined ex officio by the court.

An appeal may be filed with respect to a final judgment rendered by the high court and that rendered by the collegiate division of the district court in the second instance, and with respect to a final judgment in the first instance, it is evident in light of the legal provisions of Article 422 and the proviso of Article 390 (1) of the Civil Procedure Act, only if both parties agree not to file an appeal subsequent to the final judgment, by reserving the right to file an appeal and not to file an appeal

(See Supreme Court Decision 95Da7680 delivered on April 28, 1995). In this case, the agreement is necessarily required in writing as a result of the application of Article 29(2) of the Civil Procedure Act by Article 390(2) of the same Act.

However, in this case, the plaintiffs filed an appeal against the judgment of the court of first instance on the grounds that they did not submit a document on the agreement under the proviso of Article 390 (1) of the Civil Procedure Act, and thus, the appeal of this case is unlawful and thus, it cannot be corrected.

Therefore, without any need to decide on the grounds of appeal, all appeals filed by the plaintiffs are dismissed and all costs of appeal are assessed against the losing parties. It is so decided as per Disposition by the assent of all participating Justices on the bench.