[계금][공19841.1.(719),24]
The final appeal against the judgment in favor of the winning party
Since the final appeal system is essential to seek revocation or alteration of a judgment disadvantageous to itself in favor of himself/herself, the final appeal against the judgment in favor of him/her shall not be allowed.
Article 392 of the Civil Procedure Act
Supreme Court Decision 73Da2 delivered on March 13, 1973, 83Da530 delivered on November 8, 1983 (dong) 83Da531 delivered on November 8, 1983 (dong)
Plaintiff
Defendant 1 and one other
Chuncheon District Court Decision 83Na31 delivered on July 6, 1983
The appeal against Defendant 1 shall be dismissed, and the appeal against Defendant 2 shall be dismissed.
The costs of appeal shall be borne by the plaintiff.
1. As to the ground of appeal against Defendant 1:
The gist of the grounds of appeal is that there is an error in the rules of evidence against the rules of evidence, but it is clear that this does not fall under any of the subparagraphs of Article 11 (1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
2. As to the appeal against Defendant 2:
An appeal is to seek revocation or alteration of a judgment disadvantageous to himself/herself in view of the nature of the appeal system, and it is not possible to permit an appeal against a favorable judgment in light of the nature of the appeal system (see, e.g., Supreme Court Decision 73Da2, Mar. 13, 1973). Therefore, the Plaintiff’s appeal against the judgment of the court of first instance that dismissed the Defendant’s appeal against the judgment of the court of first instance that entirely admitted the Plaintiff’s claim is unlawful, and it is not a nature that can correct
3. Therefore, the appeal against Defendant 1 is dismissed, and the appeal against Defendant 2 is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Lee Chang-chul (Presiding Justice)