(1) If an appeal is filed

It is reasonable to view that the time when an appeal can be filed is the expiration of the period for submitting the appellate brief corresponding to the time of closing argument in the appellate court.

Articles 372, 395, and 397 of the Civil Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jong-soo and 2 others, Counsel for plaintiff-appellant) and 1 other (Law No. 4639, Jan. 26, 1993, Counsel for plaintiff-appellant)

Attorney Kim Sung-soo et al., Counsel for the plaintiff-appellant

Attorney Lee Jae-sung et al., Counsel for the defendant-appellant-appellee and three others

Seoul High Court Decision 91Na4225 delivered on July 13, 1993

The debtor's appeal is dismissed.

To dismiss an incidental appeal by the creditor.

The costs of appeal shall be assessed against the obligor and the costs of appeal against the obligor, respectively.

1. First, we examine the debtor's grounds for appeal.

The judgment of the court below as to the point out of the theory of lawsuit is just and acceptable in light of the relation of evidence as stated by the court below, and without making a proper deliberation as to the process of the lawsuit, it cannot be deemed that there was an error of law, lack of reason, or inconsistency of reasoning, which erred by misapprehending the rules of evidence, or by misapprehending the legal principles as to the requirements of provisional disposition, independent bank guarantee,

It cannot be deemed that the instant application seeking prohibition against payment under the instant guarantee and reverse guarantee form by the creditor violates the good faith principle.

All arguments are without merit.

2. We examine the grounds of incidental appeal by the obligee.

It is reasonable to deem that the time to file an appeal is the expiration of the time period for submitting the appellate brief corresponding to the time of closing argument in the appellate court (see Supreme Court Decision 80Da2442, 2443, Sept. 8, 1981). In this case, the creditor in this case was notified of the receipt of the record of appeal on September 13, 1993, and it is obvious that the creditor filed the appeal only on October 15, 1993 of the last year of the appellate brief not timely filed, and therefore, the incidental appeal is unlawful and dismissed.

3. Therefore, the appeal is dismissed, and the costs of appeal and the costs of appeal are assessed against each losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sik (Presiding Justice)