The costs of appeal are assessed against the defendant.

In a case where the plaintiff appealed against the judgment of the court of first instance which partly admitted the plaintiff's claim, but the defendant did not appeal or incidental appeal, the part in favor of the plaintiff in the judgment of first instance shall be transferred to the appellate court due to the plaintiff's appeal, but it shall not be subject to the

Therefore, if the appellate court dismissed the plaintiff's appeal, it is limited to the part against the plaintiff in the first instance trial, and it cannot be the object of the defendant's appeal since the appellate court did not render a judgment as to the part against the plaintiff in the first instance judgment. Thus, the defendant's appeal against this is unlawful and dismissed.

(See Supreme Court Decision 2014Da229023 Decided December 28, 2017, etc.). According to the records, the Plaintiff filed the instant lawsuit seeking construction cost, etc., and the first instance court rendered a judgment dismissing the remainder of claims, which only the Plaintiff appealed, and the lower court rendered a judgment dismissing the Plaintiff’s appeal, and the Defendant appealed as to part of the part in favor of the Plaintiff in the first instance judgment.

Examining these facts in light of the legal principles as seen earlier, the appeal filed by the Defendant with respect to the part of the Plaintiff’s winning by the first instance court is unlawful as a final appeal against the portion of the Plaintiff’s winning.

Therefore, the Defendant’s appeal 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.