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(영문) 대법원 2018.10.25 2018다251059
손해배상(의)
Text

All appeals by the Defendants against Plaintiff B, C, and D shall be dismissed.

Plaintiff

A’s appeal against the Defendants and the Defendants’ appeal.

Reasons

The grounds of appeal are examined.

1. The appeal filed by the Defendants against Plaintiff B, C, and D against the Defendants is seeking revocation or alteration of the judgment disadvantageous to himself/herself in favor of himself/herself, and the appeal against the judgment in favor of the Defendants is not allowed since there is no object or interest to file an appeal (see, e.g., Supreme Court Decision 9Da61378, Jun. 14, 2002). According to the records, the first instance court dismissed all the claims against the Defendants of Plaintiff B, C, and D, and the lower court clearly dismissed all the above Plaintiffs’ appeals. Accordingly, the appeal filed by the Defendants against the said Plaintiffs in favor of the entire winning case is unlawful as there is no interest in the appeal

2. We examined Plaintiff A’s appeal against the Defendants, and the Defendants’ appeal against Plaintiff A by comparison with the records of the instant case and the judgment of the court below. However, the allegation in the grounds of appeal as to the grounds of appeal is deemed not to have been included in the grounds stipulated in each subparagraph of Article 4(1) of the Act on Special Cases concerning

3. The Defendants’ final appeals against Plaintiff B, C, and D are all dismissed. The Defendants’ final appeals against Plaintiff A and the Defendants’ final appeals against Plaintiff A are all dismissed. The costs of final appeals against Plaintiff B, C, and D are assessed against the Defendants. The costs of final appeals between Plaintiff B and Defendants are assessed against each of the Defendants. The parts arising between Plaintiff A and the Defendants are assessed against each of the Defendants. It is so decided as per Disposition by the assent of all participating Justices.

October 25, 2018

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