1. The part against the defendant in the judgment of the first instance is revoked, and all of the plaintiff's claims against the defendant are dismissed.

2...

1. The reasoning for this part of the basic facts is that the court stated “1. Fact-finding” in the reasoning of the judgment of the court of first instance, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the defense prior to the merits

A. The Plaintiff asserted against the Defendant that the Plaintiff was the obligee of the instant claim. The Plaintiff asserted that the repayment amount received by the Defendant based on the instant assignment order constituted unjust enrichment and sought the return thereof. The first instance court accepted the said claim in entirety.

Accordingly, in the petition of appeal submitted on June 17, 2015, the defendant stated the purport of appeal that "the part against the defendant among the judgment of the court of first instance against the defendant (Article 2 of the judgment of the court of first instance) is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed." However, in the petition of appeal submitted on March 18, 2016, the defendant corrected the purport of appeal stating that "the part against the defendant among the judgment of the court of first instance against the defendant is revoked, and the plaintiff'

As above, at the time of filing an appeal, the Defendant appealed only the portion of the claim for restitution of unjust enrichment without filing an appeal against the part of the first instance judgment regarding the claim for confirmation of creditor status, and to correct the purport of the appeal as to the above part of the claim for confirmation during the appellate trial proceedings, constitutes filing an appeal after the lapse of the period of appeal, and thus,

B. In a case where an appeal is filed only against a part of the judgment of the court of first instance which accepted several claims by the Defendant, the remaining parts which have not been appealed shall be prevented, and they shall be transferred to the appellate court. If the Defendant expands the purport of the appeal until the closing of argument in the appellate court, the remaining parts shall also be included in the subject of adjudication in the appellate court (see Supreme Court Decision 2009Da35842, Jul. 28, 201), and the Defendant’s request for correction of the purport of the appeal as of March 18, 2016 shall extend the purport