The appeal on a counterclaim shall be dismissed.

The appeal on the principal lawsuit shall be dismissed.

The costs of appeal are assessed against the plaintiff (Counterclaim defendant).

The grounds of appeal are examined.

1. An appeal against a counterclaim is to seek revocation or alteration of a judgment disadvantageous to himself/herself in favor of him/her, and the appeal against the judgment in favor of him/her is not allowed since there is no object or interest to file an appeal, and therefore, it cannot be permitted.

(See Supreme Court Decision 9Da61378 delivered on June 14, 2002, etc.). According to the reasoning of the lower judgment and the record, the lower court dismissed the Plaintiff (Counterclaim Defendant; hereinafter “Defendant”)’s claim against the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) on the ground that it is groundless.

This falls under the case where the plaintiff won the whole counterclaim against the defendant, and the appeal on the counterclaim by the plaintiff is unlawful as it does not have any interest in the appeal.

2. As to the final appeal on the principal lawsuit, the final appeal may be lodged only when there is a ground set forth in the subparagraphs of Article 3 of the Trial of Small Claims Act. The ground of final appeal on the principal lawsuit does not fall under the ground of final appeal.

3. Therefore, the appeal as to the counterclaim is dismissed, and the appeal as to the principal lawsuit 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.