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(영문) 대법원 2015.08.27 2015다26436
양수금
Text

The appeal against the plaintiff shall be dismissed.

Plaintiff

The appeal against the successor is dismissed.

The costs of appeal are assessed against the Defendant.

Reasons

1. As to the appeal against the plaintiff, since the appeal against the plaintiff seeks revocation or alteration of the judgment disadvantageous to him/her in favor of him/her, the appeal against the judgment in favor of the plaintiff cannot be permitted since there is no target or interest to file the appeal.

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

2. As to the appeal against the plaintiff's succeeding intervenor, since this case is a small amount case to which the Trial of Small Claims Act applies, the appeal may be made to the Supreme Court only when there are grounds prescribed in Article 3 of the Act.

However, the Defendant’s ground of appeal asserted against the Plaintiff’s Intervenor does not fall under any of its grounds of appeal, and thus cannot be a legitimate ground of appeal.

3. Therefore, the appeal against the plaintiff is dismissed, and the appeal against the plaintiff's successor 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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