용역비
1. The plaintiff's appeal against the defendant B is dismissed.
2. The Plaintiff’s appeal against Defendant C, D, and E is all filed.
1. The reasoning for the court’s explanation on this part of the basic facts is the same as that of the judgment of the first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the legitimacy of appeal against the defendant company
A. Since the relevant legal principles aim to seek revocation or alteration of a judgment disadvantageous to himself/herself, appeals against the judgment in favor of him/her cannot be permitted, and in principle, whether the judgment is disadvantageous to the appellant shall be determined at the time of the filing of the appeal in accordance with the main text of the judgment as the standard. If the appellant’s claim was fully accepted, there is no benefit of appeal even if there is a complaint in the reasoning of the judgment.
(See Supreme Court Decision 98Du11915 delivered on November 10, 1998, etc.). B.
Judgment
The Plaintiff filed a claim against the Defendant Company for payment of KRW 524,00,000 as well as damages for delay, jointly and severally with the remaining Defendants. The Plaintiff’s claim against the Defendant Company was accepted in the first instance trial.
However, since the plaintiff filed an appeal against the defendant company as well as the remaining defendants, it is judged to be an illegal appeal that has no interest in appeal.
C. If so, the plaintiff's appeal against the defendant company is unlawful and its defects cannot be corrected. Thus, it is dismissed in accordance with Article 413 of the Civil Procedure Act.
3. The reasons why the court should explain this part of the judgment concerning the claim against the defendant C, etc. are the same as the part concerning the claim against the defendant C, etc., which is set forth in the main sentence of Article 420 of the Civil Procedure Act, since the part concerning the claim against the defendant C, etc. is the same as the part concerning the claim against the defendant C, etc.
4. In conclusion, the Plaintiff’s appeal against the Defendant Company is unlawful, and thus, the Plaintiff’s claim against the Defendant C, etc. in this case is dismissed. The part concerning Defendant C, etc. in the judgment of the first instance is dismissed.