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(영문) 의정부지방법원 2016.12.02 2016나56053
손해배상(기)
Text

1. The defendant's appeal against the plaintiff B is dismissed.

2. The plaintiffs' appeal and the defendant's appeal against plaintiff A.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to determining the legitimacy of the defendant's appeal against the plaintiff B as set forth in paragraph (2) below, since it is the same as stated in the reasoning of the judgment of the court of first instance. Thus, it is citing it

2. An appeal as to whether the Defendant’s appeal against the Plaintiff B is lawful may be filed only against the judgment disadvantageous to himself/herself, and whether or not the judgment is disadvantageous to the appellant shall be determined at the time of the filing of the appeal based on the text of the judgment as the standard. Thus, an appeal against the entire winning judgment is unlawful as there is no benefit.

(See Supreme Court Decision 2007Da20235 Decided July 13, 2007, etc.). The first instance court dismissed Plaintiff B’s claim against the Defendant, thereby winning the entire Defendant between Plaintiff B and the Defendant. As such, the Defendant’s appeal against Plaintiff B is unlawful as there is no benefit of appeal.

3. In conclusion, the defendant's appeal against the plaintiff B is dismissed as illegal, and the judgment of the court of first instance is justifiable, and all appeals against the plaintiffs and the defendant's appeal against the plaintiff A are dismissed as it is without merit. It is so decided as per Disposition.

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