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(영문) 대법원 2019.07.11 2019다225439
물품대금
Text

The appeal by the primary defendant is dismissed.

The preliminary defendant's appeal is dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

1. As to the appeal by the primary defendant, the appeal by the primary defendant is sought to revoke or change the judgment disadvantageous to himself/herself in favor of him/her, the appeal against the judgment in favor of the entire defendant is not allowed since there is no target or interest to file the appeal.

(see Supreme Court Decision 201Da34071, Aug. 25, 2011). According to the reasoning of the lower judgment, the lower court clearly dismissed the Plaintiff’s claim against the primary Defendant. As such, the appeal filed by the primary Defendant who won the entire winning case against the Plaintiff is unlawful as there is no benefit of appeal.

2. As to the conjunctive defendant's appeal, since the small amount of the conjunctive defendant's appeal is subject to the Trial of Small Claims Act, the appeal may be filed with the Supreme Court only when there are grounds prescribed in Article 3 of the Act

However, the ground of appeal asserted by the conjunctive defendant against the plaintiff does not fall under any of the cases, and thus cannot be a legitimate ground of appeal.

3. Therefore, the appeal by the primary defendant is dismissed, and the conjunctive defendant 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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