Whether or not the plaintiff who won the whole decision in the first instance can file an appeal in order to expand the purport of the claim

The plaintiff is not allowed to appeal against the judgment in favor of the court of first instance which fully accepts the claim. Even if the plaintiff appealeds for the purpose of expanding the purport of the claim in the appellate court, the plaintiff can only file an incidental appeal in case where the losing party has lodged an appeal.

Article 360(1) of the Civil Procedure Act, Article 372 of the Civil Procedure Act

Sponsorus

Macyoungs

Daejeon District Court's Gangwon Branch (80 Gohap12)

This appeal shall be dismissed.

Expenses for appeal shall be borne by the plaintiff.

The defendant shall pay to the plaintiff 1,573,400 won with an annual interest rate of 5% from July 20, 1979 to the date of full payment.

The judgment that the lawsuit costs shall be borne by the defendant and provisional execution declaration

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff 2,77,900 won with an annual interest rate of 5% from July 20, 1979 to the date of full payment.

The judgment that the total costs of the lawsuit shall be borne by the defendant and provisional execution declaration.

In light of the records, the plaintiff claimed that construction cost of KRW 2,777,90 as stated in the original purport of appeal at the place of appeal, and damages for delay after July 20, 1979, as stated in the purport of appeal, should be paid, but it is clear that the plaintiff reduced construction cost of KRW 1,573,400 as stated in the purport of the claim in accordance with the result of appraisal, and the judgment of the court of first instance was ruled in favor of the plaintiff.

Therefore, the plaintiff can not appeal against the judgment in favor of the court of first instance which fully admitted the claim, so long as it has been rendered in favor of the court of first instance, and even if the plaintiff appealed for the purpose of expanding the purport of the claim at the appellate court, the plaintiff may make a final claim when filing an incidental appeal in case where the losing party has lodged an appeal, but the plaintiff cannot file an incidental appeal in this case which did not appeal by the defendant. Thus, the plaintiff's appeal is illegal and dismissed, and the costs of appeal are borne by the plaintiff as per the disposition.

Judge Lee Sang-hoon (Presiding Judge)