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(영문) 대법원 2015.06.11 2014다79440

계약금반환

Text

The appeal shall be dismissed.

The request for intervention by the supplementary intervenor shall be dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The final appeal is intended to seek revocation or alteration of a judgment disadvantageous to himself/herself, and the final appeal is not allowed in light of the nature of the appeal system.

Whether a trial is disadvantageous to appellant or not shall, in principle, be determined on the basis of the text of the trial.

If the appellant's assertion was accepted and won, there is no interest in appeal even if there is a complaint in the reason for the judgment.

(See Supreme Court Decision 81Nu158 delivered on May 24, 1983, and Supreme Court Decision 94Da16458 delivered on November 22, 1994, etc.). According to the records, the court below accepted the defendant's appeal concerning the judgment of the first instance that partially accepted the plaintiff's claim against the defendant, and dismissed this part of the claim, and dismissed the plaintiff's appeal and won the plaintiff's appeal in whole.

Therefore, the appeal filed by the Defendant against the Plaintiff who won the entire winning case is unlawful as there is no benefit from the appeal.

In addition, the application for intervention by the supplementary intervenor cannot be deemed to have satisfied the requirements, and thus is unlawful.

Therefore, the appeal is dismissed, and the application for intervention by the Plaintiff’s Intervenor is dismissed. The costs of appeal are assessed against the losing party, and the costs of lawsuit incurred by the application for intervention are assessed against the Plaintiff’s Intervenor. It is so decided as per Disposition by the assent of all participating