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1. All appeals filed by the Defendant (Counterclaim Plaintiff) A shall be dismissed;
2. All appeals filed by the Defendant (Counterclaim Plaintiff) B.
Reasons
An appeal on the legality of an appeal filed by a defendant A corporation shall be filed within two weeks from the date on which the judgment of the court of first instance was served (Article 396(1) of the Civil Procedure Act); the above period is a peremptory term (Article 396(2) of the Civil Procedure Act); and the appeal filed after the above period of appeal is expired.
According to the records of this case, Defendant A Co., Ltd. (hereinafter “Defendant Company”) may be aware of the fact that it submitted a petition of appeal to add the Defendant Company to “Appellant” on August 21, 2014, after being served with the original copy of the judgment of the first instance on July 8, 2014, which was after the lapse of the second-based appeal period (the appeal period was filed as of July 16, 2014). As such, the petition of appeal submitted as of July 16, 2014, which was within the appeal period, is written by “Appellant” and is not written by the Defendant Company, and is not written by the Defendant Company. The name and seal of the Defendant Company are only written by the Defendant Company, and the name and seal of the Defendant Company did not bear any indication as the representative of the Defendant Company, and thus, the appeal filed by the Defendant Company cannot be deemed to have been filed with the lapse of the appeal period.
The reason why this Court is used for this part of the judgment on the plaintiff's main claim against the defendant B is as stated in the corresponding part of the judgment of the court of first instance (from No. 2, No. 14 to No. 3, No. 11 of the judgment of the court of first instance). Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure
Judgment
According to the above facts of recognition, Defendant B is jointly and severally liable to pay to the Plaintiff the respective amount of KRW 202,474,992 as well as damages for delay, unless there are special circumstances.
With respect to this part of the judgment on Defendant B’s defense, the reason why this Court is used is that “the Defendants” in the second sentence from the third part of the judgment of the first instance to “Defendant B”, and “the product of this case” in the fourth part of the judgment of the first instance to “Defendant B”.