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(영문) 인천지방법원 2017.07.06 2016나15280
물품대금
Text

1. The plaintiff's appeal shall be dismissed.

2. The defendant A's appeal is dismissed.

3. The costs of appeal shall be individually counted.

Reasons

1. Whether the Plaintiff’s appeal is lawful

A. At the first instance court, the Plaintiff primarily claimed 141,073,528 won and damages for delay against the Defendant A, and the first instance court dismissed the Plaintiff’s claim against the primary Defendant A, and granted the Plaintiff’s claim against the primary Defendant A. In response to the claim against the primary Defendant A, the Plaintiff filed an appeal against the primary Defendant A, and changed the purport of the claim against the primary Defendant A and the primary Defendant A. In response to the claim against the primary Defendant A, the Plaintiff filed an amendment to the primary Defendant A and the primary Defendant A’s claim.

B. An appeal as to whether an appeal is lawful may be filed only against a judgment unfavorable to the appellant himself/herself, and whether the judgment is disadvantageous to the appellant shall be determined at the time of the filing of the appeal in accordance with the standard of the text of the judgment. Thus, an appeal against the judgment in the whole winning of the appeal shall be unlawful

(See Supreme Court Decision 2015Da52114 Decided December 10, 2015, etc.). The Plaintiff’s claim is a primary primary co-litigants with the Defendant A’s primary Defendant and the Defendant A’s primary co-litigants with the primary Defendant. As long as the Plaintiff’s appeal against the primary Defendant A and the primary Defendant A’s claim against the primary Defendant A was entirely accepted and the primary Defendant A’s claim against the primary Defendant A was dismissed in the first instance trial, the first instance judgment cannot be deemed to have any substantial disadvantage to the Plaintiff.

Therefore, the Plaintiff’s appeal is unlawful as there is no benefit of appeal.

2. Even if the evidence duly admitted and examined by the court of first instance based on the evidence duly admitted and examined by the court of first instance, it is difficult to change the facts and judgment acknowledged by the court of first instance.

The reasons for this court are as follows: (1) The 4th 18th 18 written evidence of the judgment of the court of first instance is as follows: “B 2”, and 4th 20 pages.

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