손해배상(기)
1. The plaintiff's appeal against the defendant C shall be dismissed.
2. Each appeal against the Plaintiff’s Defendant B and Defendant D is filed.
1. The Plaintiff’s appeal as to whether the appeal against Defendant C is lawful is intended to seek revocation or alteration of the judgment disadvantageous to himself/herself. Therefore, appeal against the judgment in favor of the Plaintiff cannot be permitted, and whether the judgment is disadvantageous to the appellant should be determined based on the text of the judgment, in principle, on the basis of the standard at the time of filing the appeal. If the appellant’s claim is accepted in whole, there is no benefit of appeal even if there is a complaint in the grounds of the judgment.
(See Supreme Court Decision 98Du11915 delivered on November 10, 1998). In light of the above legal principles, the health team and the Plaintiff filed a lawsuit against the Defendants in the first instance court for the payment of the agreed amount and damages for delay. The first instance court and the first instance court rendered a judgment citing the entire claim against the Defendant C among the above lawsuits, it is clear in the record.
The Plaintiff, who was sentenced to a favorable judgment against Defendant C in the first instance trial, extended the principal and damages for delay against the said Defendant at the trial of the first instance court, but no benefit of appeal is recognized to expand the purport of the claim. Thus, the Plaintiff’s appeal against Defendant C is unlawful as there is no benefit of appeal.
2. The Plaintiff’s grounds for appeal against Defendant B and D do not differ from the allegations in the first instance court. While examining each evidence submitted in the first instance court’s evidence examination, the fact-finding and judgment of the first instance court on this part are justified.
Therefore, the court's explanation on this part is identical to the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act
(2) If the plaintiff's appeal against the defendant C is dismissed, the appeal against the defendant C shall be dismissed in an unlawful manner.