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The plaintiff's appeal is dismissed.
The defendant's incidental appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
1. The records of this case, the judgment of the court below, and the grounds of appeal were examined as to the Plaintiff’s grounds of appeal. However, the grounds of appeal as to the grounds of appeal are not included in the grounds of appeal under each subparagraph of Article 4(1) of the
2. The time limit to file an appeal concerning the defendant's non-objected appeal is until the time the time limit for submitting the appellate brief corresponding to the time the appellate court's arguments are closed.
(See Supreme Court Decision 2006Da10439 Decided April 12, 2007). According to the records, it is apparent that the Defendant filed an appeal on April 5, 2017, which was served on the appellant by the notice of receipt of the report of the final appeal on the record, to the Plaintiff who is the appellant. As such, the Defendant’s incidental appeal of this case is unlawful and cannot be corrected as it is unlawful.
3. The plaintiff's appeal is dismissed pursuant to Article 5 of the Act on Special Cases Concerning the Procedure for Appeal, and the defendant's appeal is dismissed. The costs of appeal are assessed against the plaintiff and the costs of appeal are assessed against the defendant. It is so decided as per Disposition by the assent of all participating Justices on the bench