Whether or not there exists a benefit from appeal by a person who won the appeal (negative)

An appeal may be filed only for a judgment unfavorable to an appellant, and whether the judgment is disadvantageous to appellant shall be determined as at the time of the filing of the appeal in accordance with the main text of the judgment. Therefore, the plaintiff who has received the judgment in the first instance judgment shall not have any benefit in filing an appeal.

Article 360(1) of the Civil Procedure Act

Supreme Court Decision 73Da565 Delivered on September 25, 1973

Plaintiff

Defendant

Daegu High Court Decision 82Na1751 delivered on July 13, 1983

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the Plaintiff’s ground of appeal.

The gist of the grounds of appeal is that the appellate court has a benefit to file an appeal in order to expand the purport of the appeal until the closing of argument in the appellate court, even the plaintiff who was judged in favor of all of the first instance court because the appellate court falls under the immediate appellate court, and thus, the appellate court dismissed the plaintiff's appeal, unlike the opinion of the court below, has committed an unlawful interpretation as to

However, an appeal can only be filed against a judgment disadvantageous to himself, and the decision unfavorable to an appellant shall be determined at the time of the filing of the appeal on the basis of the text of the judgment (see Supreme Court Decision 73Da565 delivered on September 25, 1973). Therefore, there is no error in the judgment of the court below that the plaintiff who received the judgment in favor of the whole court in the first instance did not have any interest in the appeal, and the ground for appellant's assertion does not fall under any of the subparagraphs of Article 11(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and therefore,

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Il-young (Presiding Justice)