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(영문) 서울고등법원 2017.09.01 2017누46075

장해등급결정처분취소

Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. An appeal of ex officio determination may be filed only against a judgment unfavorable to an appellant himself/herself, and whether the judgment is disadvantageous to appellant should be determined as at the time of filing an appeal by setting the order of the judgment as the standard. Thus, an appeal of the judgment in the whole winning case is unlawful as there is no benefit

(See Supreme Court Decision 2007Da20235 Decided July 13, 2007, etc.). According to the record, the record reveals that the first instance court rendered a judgment citing all the claims of the plaintiff. Thus, the appeal of this case filed by the plaintiff who won the entire appeal is unlawful as there is no benefit of appeal.

2. The plaintiff's appeal is unlawful and thus it is so decided as per Disposition by the assent of all participating Justices.