The defendant's appeal against the winning part of the judgment of the court of first instance shall be dismissed.

The plaintiff's appeal and the defendant's remainder.

1. We examine ex officio the defendant's appeal as to the part of winning the plaintiff in the judgment of the first instance as to the legitimacy of the appeal.

According to the records, the plaintiff filed a lawsuit against the defendant seeking the amount of damages of 374,354,837 won and damages for delay on the ground of trademark infringement, etc., and the first instance court recognized the defendant's liability for damages and rendered a judgment ordering the defendant to pay the amount of damages of 21,290,322 won and damages for delay thereof, which are part of the claim amount. The plaintiff only appealed, and the court below accepted part of the plaintiff's appeal and ordered the defendant to pay the amount of damages of 28,709,678 won and damages for delay.

In a case where the plaintiff appealed against the judgment of the court of first instance, but the defendant did not appeal or incidental appeal, the part in favor of the plaintiff in the judgment of first instance was transferred to the appellate court due to the plaintiff's appeal, but was excluded from the scope of the judgment of the appellate court.

I would like to say.

In such a case, if the appellate court partially accepted the plaintiff's appeal and revoked part of the part against the plaintiff in the judgment of the court of first instance and accepted the plaintiff's claim, it is limited to the part against the plaintiff in the judgment of the court of first instance, which is limited to the part against the plaintiff in the judgment of the court of first instance, and it cannot be the defendant's appeal

Therefore, the defendant, who did not raise any objection against the judgment of the court of first instance in favor of the plaintiff, cannot file an appeal against the plaintiff's winning part in the judgment of first instance.

(See Supreme Court Decision 2007Da22514 22521 Decided October 29, 2009). Therefore, the appeal filed by the Defendant against the part in favor of the Plaintiff in the judgment of the first instance is unlawful as a final appeal against the portion in favor of the Plaintiff in the judgment of the first instance.

2. The defendant.