The deadline for filing an appeal and the incidental appellate brief (=the deadline within which the appellate brief is filed)

Appellee may make an incidental appeal even after the right to appeal is extinguished, but it shall file an incidental appeal within the period for submitting the appellate brief and submit the incidental appellate brief.

Articles 372, 395, and 397 of the Civil Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jae-soo and 1 other, Counsel for plaintiff-appellant-appellant-appellant-appellant-appellant-appellant-Appellee)

[Judgment of the court below]

National Credit Card Corporation

Seoul High Court Decision 92Na19950 delivered on September 22, 1992

The plaintiff's appeal is dismissed.

The defendant's incidental appeal is dismissed.

The costs of appeal are assessed against the plaintiff and the costs of appeal against the defendant.

1. Judgment on the Plaintiff’s ground of appeal

If the facts are duly determined by the court below, the obligation to use the card for which the plaintiff claims the confirmation of non-existence in the lawsuit of this case was not caused by the plaintiff's use of the national visa and the national marina card, but caused by gross negligence by the plaintiff's delivery of each credit card to the non-party. Thus, the judgment of the court below that the plaintiff is justified in holding that the non-party is responsible for the repayment of the obligation to use the card arising from the non-party's unlawful use of each credit card by the non-party under the national card member transaction contract concluded with the defendant, and it cannot be deemed that the plaintiff is liable for the damages to the defendant, such as the lawsuit, and it does not bear the obligation to pay the credit card use price. Therefore, there is no reason to discuss.

2. Judgment on the defendant's supplementary appeal

Appellee may make an incidental appeal even after the right to appeal has been extinguished, but it is possible to make an incidental appeal within the time limit for filing the appellate brief and to submit the incidental appellate brief (see, e.g., Supreme Court Decision 89Nu1889, Jan. 25, 1990; Supreme Court Decision 89Nu6341, Jul. 27, 1990; Supreme Court Decision 90Da8558, May 28, 1991). According to the records, it is evident that the defendant raised an incidental appeal after 20 days from the date on which the notice of receipt of the record of appeal was served on the plaintiff. Thus, the defendant's incidental appeal is unlawful, and it is impossible to correct its defect.

3. Therefore, the plaintiff's appeal is dismissed, and the costs of appeal and the costs of appeal are assessed against each losing party. It is so decided as per Disposition by the assent of all participating Justices.