(영문) 창원지방법원 2017.05.25 2016나7382 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2017.05.25 2016나7382

대여금

Text

1. The defendant D's appeal shall be dismissed;

2. Defendant B’s appeal is dismissed.

3. The costs of appeal shall be borne by the Defendants.

Reasons

1. We examine the legitimacy of Defendant D’s appeal ex officio on the legitimacy of Defendant D’s appeal.

In the selective co-litigation of the defendant, if the plaintiff won the award against any of the defendant, there is a benefit of appeal only to the lost defendant, and there is no benefit of appeal to the plaintiff and the defendant.

However, in a selective co-litigation, if one of the co-litigants who have lost to resolve a dispute in a uniform way without contradiction between the co-litigants who are legally incompatible, files an appeal, the final and conclusive judgment on all the co-litigants shall be interrupted and it shall be transferred to the higher court.

In the first instance court, the Plaintiff filed a selective co-litigation against the Defendants on the ground that Defendant B or Defendant D is a party to the instant sub-lease contract, and the court of first instance rejected Defendant B’s claim against the Defendant on the ground that Defendant B is a party to the instant sub-lease contract. In light of the aforementioned legal principles, inasmuch as Defendant D did not have any interest in appeal, the appeal by Defendant D is unlawful.

2. The Defendants’ assertion cited in the judgment of the court of first instance is not significantly different from the allegations in the court of first instance, and the fact-finding and judgment in the court of first instance are recognized as legitimate even if the evidence submitted in the court of first instance shows the evidence submitted in the court of first instance.

Therefore, the reasoning for the court's explanation on this case is as follows: "management payment" under Section 15 of Section 2 of the judgment of the court of first instance shall be paid as "management expenses"; "Total of KRW 23,705,400" under Section 3 of Section 4 shall be "total of KRW 23,774,920"; "Total of KRW 11,936,420" under Section 5 of Section 5 shall be "11,74,920 (= KRW 23,774,920 - KRW 12,000)"; and it shall be cited as the reasoning for the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, Defendant D’s appeal is unlawful.

참조조문

-민사소송법 제420조

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