The defendant's appeal against the judgment dismissing the plaintiff's claim in whole

There is no benefit in filing an appeal, except in exceptional cases where res judicata exists, such as when a claim claiming an offset is established and the plaintiff's claim is dismissed, even though the defendant is dissatisfied with the judgment among the reasons for the judgment.

Articles 202 and 392 of the Civil Procedure Act

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Domin, Attorneys Park Jong-soo and 2 others, Counsel for plaintiff-appellant) and 1 other (Law No. 4548, Jun. 25, 1993). The plaintiff-appellant 1 and 1 other (Law No. 4540, Mar. 27, 1992)

Plaintiff

Korea

Seoul High Court Decision 92Na45430 delivered on July 27, 1993

The appeal shall be dismissed.

The costs of appeal are assessed against the defendant.

The defendant's grounds of appeal are examined.

The court below recognized that the defendant is liable for compensating the plaintiff for damages caused by the defect in the construction or management of public structures. Since the plaintiff's damage claim against the defendant was transferred to the National Federation of Non-Party National Federation by subrogation of the insurer, the plaintiff's claim of this case under the premise that the plaintiff still has the damage claim against the defendant. The defendant attacks the contents of the judgment of the court below in the grounds of appeal.

However, since a final and conclusive judgment has res judicata effect only on a part of the text (Article 202(1) of the Civil Procedure Act). Thus, even if the defendant is dissatisfied with the judgment among the grounds of the judgment against the judgment against the whole rejection of the plaintiff's claim, there is no benefit in filing an appeal except in cases where the plaintiff's claim alleged a offset has been established and the plaintiff's claim has been rejected (Article 202(2) of the same Act). (See Supreme Court Decision 87Nu496 delivered on February 28, 1989; Supreme Court Decision 91Da40696 delivered on March 27, 192, etc.).

Therefore, the defendant's appeal is unlawful and it is obvious that the defects cannot be corrected. Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing defendant. It is so decided as per Disposition with the assent of all participating Justices.

Justices Ahn Yong-sik (Presiding Justice)