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The Plaintiff’s appeal against the Defendants is dismissed in entirety.
All appeals by the Defendants against the Plaintiff are dismissed.
Reasons
1. We examine whether the Plaintiff’s appeal against the Defendants is lawful, ex officio, as to the lawfulness of the Plaintiff’s appeal against the Defendants.
An appeal may only be filed against a judgment unfavorable to himself/herself, and an appeal against a judgment that won the whole winning the judgment is unlawful as there is no benefit.
(See Supreme Court Decision 2007Da20235 Decided July 13, 2007, etc.). The plaintiff filed a lawsuit for the return of unjust enrichment against the defendant C along with the lawsuit of objection against the claim, the lawsuit of confirmation of existence of each obligation against the defendant B, and the lawsuit of confirmation of existence of each obligation against the defendant B. The defendants' attorney at the court of first instance accepted each claim against the plaintiff C at the seventh day of pleading, as to the lawsuit of objection against the plaintiff's claim against the defendant C, and the lawsuit of confirmation of existence of each obligation against the defendant B, and the fact that the plaintiff modified the purport of the claim according to the defendants' recognition, but maintained the part of the claim objection and the part of confirmation of existence of the obligation, and on November 8, 2019, the court of first instance dismissed the part of the lawsuit of objection against the defendant C among the lawsuit of this case, and the part of the confirmation of existence of the obligation against the defendant B.
Defendant B shall pay to the Plaintiff 57,578,617 won and 29,317,760 won with 15% interest per annum from June 20, 2018 to May 31, 2019, and 12% per annum from the next day to the day of full payment.
The Defendants jointly pay to the Plaintiff the amount of KRW 39,624,840 and KRW 22,156,260 as to KRW 13,780 from June 20, 2018, KRW 13,780,020 from January 22, 2019 to KRW 3,68,560, KRW 15% per annum from March 8, 2019 to May 31, 2019, and KRW 12% per annum from the next day to the day of full payment. Defendant C shall transfer to the Plaintiff the claims indicated in the attached Form, and notify Nonparty D to the effect that the said claims were transferred to the Plaintiff on the date of the final judgment of this case.
The plaintiff's remaining claims against the defendants are dismissed.