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(영문) 서울고등법원 2016.09.30 2016나2031037
부당이득금
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) by adding “the grounds for recognition of the 10th century” to the 3rd of the first instance judgment; (b) there exists no dispute; and (c) the purport of all entries and arguments in Gap’s evidence Nos. 1 through 6; and (d) the reasoning of the first instance judgment is the same as that of the part of the first instance judgment, except for the Defendant’s additional determination as to the matters additionally asserted in the trial. Therefore, it is acceptable

2. Additional determination

A. The defendant's summary of the defendant's assertion is unfair since the judgment of the court of first instance that imposes 20% of the costs of lawsuit on the defendant even though most of the plaintiffs' claims were dismissed or rejected, the part against the defendant regarding the costs of lawsuit in the judgment of first instance shall be revoked and the judgment that the plaintiffs bear the whole costs

B. An objection against a judgment on the costs of lawsuit shall be allowed only if all or part of the appeal against the judgment on the merits is well-grounded, and no appeal is allowed if the appeal on the merits is not well-grounded.

(see, e.g., Supreme Court Decision 95Da38233, Jan. 23, 1996). As seen earlier, the Defendant’s appeal against the merits is without merit, and thus, the Defendant’s appeal against the judgment on the costs of lawsuit cannot be accepted.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed in entirety.

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