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

1...

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

A. An appeal of the relevant legal principles can only be filed against a judgment unfavorable to an appellant, and the issue of whether a trial is disadvantageous to appellant shall be determined as at the time of filing an appeal on the basis of the text of the judgment as the standard. Thus, an appeal of the entire winning judgment is unlawful as there is no benefit.

(See Supreme Court Decision 2007Da20235 Decided July 13, 2007, etc.). In cases of an explicit claim, the party who received the judgment in favor of the entire party may file a separate claim for the remainder of the claim that was not claimed in the lawsuit in question. As such, the party who received the judgment in favor of the entire party may file an appeal to expand the purport of

However, in a case where a lawsuit seeking performance of a claim is filed against a divisible claim and it does not clearly state that the remaining part is reserved and claimed, the res judicata effect of the final and conclusive judgment extends to the remaining part, and thus, it cannot be re-claimed by a separate lawsuit as to the remaining part. Thus, if an appeal is not allowed to expand the remaining part of the claim, the obligee who won the whole part of the claim shall be disadvantaged by losing the opportunity to seek the remainder. Accordingly, in such a case, it is reasonable to acknowledge the benefit of appeal to extend the remaining part of the judgment

(See Supreme Court Decision 96Da12276 delivered on October 24, 1997, etc.). In cases where it is clearly stated that a partial claim is a claim, res judicata effect of a final and conclusive judgment on a partial claim does not extend to the remaining claims. In such cases, it is necessary to clarify that the method of specifying a partial claim is the purport of specifying the total amount of the claim and claiming only part of the claim and reserving the remainder.