beta
Text
1. The plaintiff's appeal against the defendant B shall be dismissed.
2. The plaintiff's appeal against the defendant C and this court.
Reasons
1. Ex officio determination as to the legitimacy of the Plaintiff’s appeal against Defendant B
A. An appeal is seeking revocation or alteration of a judgment unfavorable to himself/herself. As such, in principle, an appeal against a judgment rendered in favor of himself/herself is not permitted. An obligee who claims part of the damage by clarifying that part of the claim is a claim for a portion of the claim is a separate lawsuit (the res judicata effect of the judgment rendered in question extends only to a partial claim). Thus, barring any special circumstance, no benefit of appeal is recognized to extend the remainder of the claim (see, e.g., Supreme Court Decisions 2008Da51649, Dec. 24, 2008; 2010Du14534, Nov. 11, 2010).
However, barring any special circumstance, an appeal is not allowed, barring any special circumstance, on the ground that the Plaintiff’s claim for partial claim in the first instance trial, and the entire winning of the claim for the amount of damages of KRW 50 million and the damages for delay thereof is identical to that of the Plaintiff’s claim for partial claim in the first instance trial (see, e.g., Supreme Court Decision 200 million won; 200 million won; 200,000 won and the damages for delay thereof). (3) Although the order of the first instance judgment was issued against the Defendant B, it cannot be deemed that there is any disadvantage in the judgment of the first instance that rendered a favorable judgment against the Defendant B, and thus, the above argument is without merit.) Even if the Plaintiff extended the purport of the claim after the appeal, the extended part does not affect the res judicata effect of the judgment of the first instance court, thereby
Therefore, the Plaintiff’s appeal against Defendant B is unlawful.
2. Determination as to the Plaintiff’s claim against Defendant C
A. The reasoning for this part of the basic facts is stated by the court of first instance.