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(영문) 서울중앙지방법원 2020.12.16 2020나20974
대여금 등
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

The plaintiff's appeal of this case is legitimate ex officio.

An appeal may be filed only against a judgment unfavorable to an appellant, and whether the judgment is disadvantageous to appellant, shall be determined as at the time of the filing of the appeal, based on the standard of the text of the judgment, and as such, an appeal against the judgment that won the whole winning the lawsuit is unlawful

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to unjust enrichment on the part of the defendant, and exceeding the bounds of the legal principles as to unjust enrichment on the part of the defendant, and thereby exceeding the bounds of the legal principles as to unjust enrichment on the part of the defendant, the court below did not err by misapprehending the legal principles as to unjust enrichment on the part of the defendant, or by exceeding the bounds of the legal principles as to unjust enrichment on the part of the defendant, as otherwise alleged in the ground of appeal. In so doing, the court below did not err by misapprehending the legal principles as to unjust enrichment on the part of the defendant, or by exceeding the bounds of the legal principles as to unjust enrichment on the part of the defendant, as otherwise alleged in the ground of appeal.

However, pursuant to Article 70(2) of the Civil Procedure Act, the order of the dismissal decision against Defendant B in the first instance court is merely based on the payment of the order of the dismissal decision against the primary defendant when a claim against the primary defendant is well-grounded in the conjunctive co-litigation and the conjunctive defendant's claim against the primary defendant is groundless. Thus, as long as the plaintiff's claim against the primary defendant was wholly accepted in the first instance court, it cannot be deemed that the plaintiff was judged disadvantageously as the winning party. Thus, the plaintiff's appeal of this case is all filed by the winning party.

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