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(영문) 서울고등법원 2018.09.11 2017나2066467
전속계약효력부존재확인 등
Text

1. All appeals by the Defendants are dismissed.

2. Of the judgment of the first instance, the Defendant (Counterclaim Plaintiff) against the Plaintiffs lost.

Reasons

1. In the first instance trial, the Plaintiffs and the Plaintiff (Counterclaim Defendant) filed a claim against the Defendant (Counterclaim Plaintiff) for confirmation of the non-existence of validity of exclusive contract and damages arising from tort, and damages arising from tort against the Defendants, and the Defendant (Counterclaim Plaintiff) filed a claim against the Plaintiff (Counterclaim Defendant) for damages arising from the termination of exclusive contract. The part of the claim for confirmation of the non-existence of validity of exclusive contract against the Plaintiffs and the Plaintiff (Counterclaim Defendant) was accepted only by the Plaintiff (Counterclaim Plaintiff). The part of the claim for damages arising from each tort against the Defendants and the Defendant (Counterclaim Plaintiff) was all dismissed, and the counterclaim by the Defendant (Counterclaim Plaintiff) was also dismissed.

Therefore, it is apparent that only the Defendants and the Defendant (Counterclaim) filed an appeal. As such, the part of the damages claim against the Defendants and the Defendant (Counterclaim Defendant) regarding the tort is excluded from the scope of this Court’s trial, and only the counterclaim claim between the Plaintiffs and the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) is subject to the judgment of this Court.

2. We examine, ex officio, whether the appeal by the Defendants is legitimate or not, on the grounds that the appeal by the Defendants is lawful.

An appeal is intended to seek revocation or alteration of a judgment disadvantageous to himself/herself, and therefore an appeal against the judgment in favor of him/her cannot be permitted. Whether the judgment is disadvantageous to an appellant or not is judged as at the time of filing an appeal in principle based on the text of the judgment as the standard. Thus, an appeal against the judgment in favor of the entire winning case is unlawful

(see, e.g., Supreme Court Decision 2007Da20235, Jul. 13, 2007). Under the premise of such a legal doctrine, the Plaintiff, and the Plaintiffs.

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