logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.12.29 2015다219689
구상금
Text

The defendant A's appeal shall be dismissed.

All of the plaintiff's appeals are dismissed.

The costs of appeal are assessed against each appellant.

Reasons

1. As to the appeal by Defendant A, since the appeal by Defendant A seeks revocation and alteration of the judgment disadvantageous to himself/herself in favor of him/her, the appeal by the lower court against the judgment in full favor of him/her cannot be permitted as it has no subject to appeal

(1) The court below's decision to dismiss the plaintiff's claim against the plaintiff in its entirety is justified and it is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices, except as otherwise alleged in the ground of appeal.

(See Supreme Court Decision 93Da47189 delivered on December 28, 1993, etc.). Meanwhile, in cases where res judicata is recognized in a judgment on a offset claim, it refers to cases where a passive claim which is the object of offset is a subject-matter of a lawsuit that is adjudicated as a subject-matter of lawsuit, or where, for instance, it appears that such a claim is substantially identical, such as a case where the plaintiff files a lawsuit claiming a offset, and where it is deemed necessary to treat the opposite claim that claims a offset and its passive claim equally from the point

(See Supreme Court Decision 2004Da17207 Decided July 22, 2005). However, according to the reasoning of the judgment below and the record, the Plaintiff claims the balance as the lawsuit in this case after offsetting the claim of Defendant A with the claim of loans, etc. against Defendant A, etc., and the Defendant A did not have any defense of offsetting. Thus, it cannot be said that the claim of Defendant A, which is the passive claim subject to the Plaintiff’s offset, is not the subject of the lawsuit, but the subject of the lawsuit in this case, and it is not necessary to treat it equally from the point of res judicata.

Therefore, among the reasons for the judgment of the court below, the judgment of the court below cannot be deemed to have res judicata effect on the plaintiff's assertion of set-off. Thus, the appeal filed by the defendant A against the plaintiff is the benefit.

arrow