1. The appeal of this case shall be dismissed.

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

Purport of claim and appeal

annex.

1. The first instance court sentenced “a judgment dismissing all the Plaintiff’s claims against the Defendants” without holding any pleadings pursuant to Article 9(1) of the Trial of Small Claims Act on the following grounds:

“The primary and conjunctive claims against the Defendants of the Plaintiff shall be limited to cases where it is evident that the claims are groundless by the records of trial, such as a complaint.”

2. According to the records of this case, although the complaint of this case contains the purport of claiming compensation against the defendants, the complaint of this case does not clearly state the plaintiff's assertion on the contents of the defendants' specific offenses, relation between the illegal act and the plaintiff's damage, and the ground for calculating the amount of monetary liability such as the amount of damages, so the cause of claim is not specified, and the defects still did not correct despite the correction order

In addition, the scope of appeal against the judgment of the court of first instance and the subject matter of appeal to the appellate court cannot be specified because it is not clear that the appeal filed by the plaintiff, the purport of appeal, and the guidance of appeal filed by the plaintiff are unclear.

Even if the pleading is in progress, there is no room for an appellate court to revoke the judgment of the first instance court, and to grant a legal remedy that the plaintiff wants by way of having the appellate court render a judgment on the merits by itself or remanding the case to the first instance court.

Nevertheless, it is not desirable in terms of the economy of litigation if a final judgment on appeal should be made through the oral proceedings, and it may result in the appellant's disadvantage due to the increase in litigation costs, etc.

Furthermore, in the event that the defects of a lawsuit cannot be corrected as illegal, the lawsuit can be dismissed by a judgment without holding any pleadings in consideration of the aspects of the litigation economy and the protection of the interests of the parties.