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(영문) 서울서부지방법원 2017.10.24 2017나2032

대여금

Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal (including costs arising from the extension of claims) shall be borne by the Plaintiff.

Reasons

1. We examine whether the appeal of this case is lawful ex officio.

An appeal is a claim for revocation or alteration of a judgment disadvantageous to himself/herself. An appeal filed against the original judgment is not allowed as there is no benefit in filing an appeal (see, e.g., Supreme Court Decision 2001Da76298, Jul. 22, 2003). However, in cases where, while filing a lawsuit for demanding performance of a divisible claim, the purport that the remaining part is reserved and only a part of the claim is claimed, the res judicata effect of the final and conclusive judgment does not extend to the remaining part, and thus, the obligee who won the whole claim is not allowed to file a separate lawsuit. Therefore, in such cases, the obligee who won the whole claim is at a disadvantage of losing the opportunity to bring an appeal for expanding the remaining part of the claim. Accordingly, it is reasonable to acknowledge the benefit of the appeal for expanding the remaining part of the judgment that won the entire claim in question in an exceptional case, and on the other hand, it is not necessary to specify the scope of the remaining part of the claim as the method of reserving the entire claim, and it is not necessary to specify the scope of the remaining part of the entire claim.

(See Supreme Court Decision 87Meu2478 delivered on June 27, 1989, etc.). According to the records of this case, the plaintiff filed a lawsuit against the defendant in this case, and the court of first instance rendered a judgment citing all the plaintiff's claims, and the plaintiff failed to file a claim against the plaintiff as to the interest. Thus, the plaintiff did not claim as to the interest.