1. The plaintiff shall dismiss the incidental appeal.

2. The defendant's appeal is dismissed.

3. The costs of appeal shall be borne by the defendant.

1. An appellant may file an incidental appeal not later than the conclusion of the pleadings, even after the right to appeal has been extinguished.

(1) Article 403 of the Civil Procedure Act provides that “The appellant may file an incidental appeal until the conclusion of the pleadings even after the right to appeal has been extinguished.” However, the Plaintiff filed an incidental appeal against the part of the part against the Plaintiff in the judgment of the first instance on September 5, 2019, which was the date of closing the argument in the instant case where only the Defendant appealed.”

Therefore, the Plaintiff’s incidental appeal is unlawful.

2. The reasoning of the judgment of the court of first instance concerning this case is the same as the reasoning of the judgment of the court of first instance, and thus, it is accepted in accordance with the main sentence of Article 420 of the

Therefore, the judgment of the court of first instance is justifiable, so the defendant's appeal is dismissed, and the plaintiff's incidental appeal is unlawful, and it is so decided as per Disposition.

(1) The Plaintiff filed an application for the resumption of a pleading on September 5, 2019, which is the date of the closing of the pleading, on which the Plaintiff filed a motion for the resumption of the pleading on the grounds that it is necessary to file an incidental appeal, etc. on September 5, 2019, which is the date of the closing of the pleading. However, as seen earlier, the incidental appeal is inappropriate and it is difficult to recognize the need to resume the pleading even if examining the record. Thus, the Plaintiff’s application for the resumption of the pleading is rejected).