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(영문) 대법원 2017.05.11 2017다210242
물품대금
Text

The appeal shall be dismissed.

The costs of appeal are assessed against the defendant.

Reasons

Judgment ex officio is made.

An appeal is to seek revocation or alteration of a judgment disadvantageous to himself/herself in favor of him/her, so the appeal against the original judgment in favor of him/her shall not be permitted as there is no benefit of filing an appeal. In such cases, even if there is an objection to the reasoning of the judgment, there is no

(2) The court below's decision on March 27, 1992 (see, e.g., Supreme Court Decision 91Da40696, Mar. 27, 199). According to the reasoning of the judgment of the court of first instance that partially accepted the plaintiff's claim against the defendant, the plaintiff did not appeal, and the defendant did not appeal. However, the court below dismissed the plaintiff's appeal on the ground of the reasons indicated in its decision that the court below cannot change the judgment of first instance that is favorable to the defendant who did not appeal and disadvantageous to the plaintiff who is the appellant.

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 on the bench.

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