1. The plaintiff's appeal shall be dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Ex officio, we examine the legitimacy of the appeal of this case.

According to the records of this case, the Plaintiff filed the instant lawsuit against the Defendant on January 12, 2015, and filed the same claim as stated in the purport of the claim, and the court of first instance rendered a judgment citing all the claims of the Plaintiff, and even though the Plaintiff won the entire claim in the first instance court as above, it can be acknowledged that the Plaintiff filed the instant appeal while expanding the claim on the ground that the first instance court has partially claimed the claim.

Therefore, inasmuch as an appeal seeking revocation or alteration of a judgment disadvantageous to himself/herself, the appeal on appeal against the entire winning judgment against the entire winning judgment shall not be permitted as there is no benefit in filing an appeal (see, e.g., Supreme Court Decision 2001Da76298, Jul. 22, 2003). However, in cases where a lawsuit seeking performance of a claim against a divisible claim is filed and the purport that the remaining part is reserved and a part of the claim is claimed, the res judicata effect of the final and conclusive judgment shall affect the remaining part, and thus, the obligee who won the entire winning judgment shall not be entitled to a separate lawsuit again as to the remaining part. Therefore, if an appeal is not permitted to extend the remaining part of the claim, it would be at a disadvantage that the obligee would lose the opportunity to bring an appeal against the remaining part of the claim. Therefore, in such cases, it is reasonable that the entire winning judgment would have a benefit in expanding the remaining part of the claim (see, e.g., Supreme Court Decision 96Da127276, Oct. 24, 1997).