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(영문) 서울중앙지방법원 2020.11.17 2020나41490
채무부존재확인의 소
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

An appeal may not be permitted to file an appeal against a judgment in favor of a person who has rendered a favorable judgment to seek revocation or change of the judgment disadvantageous to him/her, and an appeal against a judgment in favor of a person who has rendered a favorable judgment in favor of

(See Supreme Court Decision 98Da29797 delivered on December 21, 199). The plaintiff stated in the petition of appeal that only the judgment bearing litigation costs is dissatisfied with the purport of appeal, but added the monetary claim to the application for change of the purport of appeal filed on June 10, 2020. However, as seen earlier, the plaintiff's appeal is illegal, and it is not allowed to file a new appeal to add a new claim even though the plaintiff who won the whole lawsuit in the first instance court did not appeal by the defendant.

The plaintiff's appeal is unlawful and thus dismissed.

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