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(영문) 대법원 2013.10.24 2013다206689
양수금
Text

The appeal against the plaintiff shall be dismissed.

The appeal against the plaintiff succeeding intervenor is dismissed.

The costs of appeal are assessed against the Defendant.

Reasons

1. As to the appeal against the plaintiff

The final appeal is a claim for revocation and alteration of a judgment disadvantageous to himself/herself in favor of him/her, and the final appeal against the judgment below in favor of him/her shall not be permitted as there is no benefit of appeal

(2) According to the records, the lower court’s revocation of the judgment of the first instance court and dismissal of the Plaintiff’s claim against the Defendant. As such, the final appeal filed by the Defendant against the Plaintiff after the full winning of the final appeal is unlawful as there is no benefit of appeal.

2. We examine the grounds of appeal against the intervenor succeeding to the plaintiff.

Since this case is a small case, an appeal may be filed only when there is a ground set forth in the subparagraphs of Article 3 of the Trial of Small Claims Act, which does not fall under any of the grounds for appeal.

3. Therefore, the appeal against the Plaintiff is dismissed, and the appeal against the Intervenor succeeding to the Plaintiff is dismissed. 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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