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(영문) 서울중앙지방법원 2017.05.01 2016나51575
부당이득금
Text

1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

3. Judgment of the court of first instance No. 1-A.

Reasons

1. We examine whether the appeal of this case is lawful ex officio.

An appeal may be filed only against a judgment unfavorable to an appellant himself/herself, and whether the judgment is disadvantageous to appellant shall be determined as at the time of the filing of the appeal on the basis of the text of the judgment, and as such, an appeal against the judgment in whole winning the entire winning the case shall be unlawful

(See Supreme Court Decision 2007Da20235 Decided July 13, 2007, etc.). According to the records, it is apparent in the first instance court that the Plaintiff won the entire claim of the Plaintiff. As such, the Plaintiff’s appeal of this case is unlawful as there is no benefit therefrom.

2. If so, the plaintiff's appeal is unlawful and thus, it is dismissed, and it is so decided as per Disposition of the first instance judgment.

The phrase "378,400 won" in paragraph (1) is clear that it is a clerical error of "377,400 won", and it is so decided as per Disposition.

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