Losing a Lawsuit
Overview
Losing a lawsuit (패소, 敗訴) refers to a state in civil and administrative litigation in which a party's claim filed with the court is not recognized by a judgment. If the plaintiff's claim is dismissed, it is the plaintiff's loss; if a claim against the defendant is granted, it is the defendant's loss. Losing is more than a factual outcome: it entails legal effects such as bearing litigation costs, the res judicata of the judgment, and appeal procedures.
Main Content
Concept and Criteria
Whether a party has lost is determined by whether all or part of the claim was granted. If the entire claim is dismissed, it is a "total loss"; if only part is granted, it is a "partial loss"; in principle, litigation costs are shared according to the losing ratio (Civil Procedure Act Article 101). In criminal proceedings, determinations of guilty or not guilty are used instead of the expression "loss," and in administrative litigation the criterion is whether the disposition is revoked.
Effect of a Loss Judgment
A final and conclusive loss judgment has res judicata, so the same matter cannot be litigated again (the principle that a matter may not be litigated twice). In the case of a performance judgment, it also acquires enforceability and becomes the basis for compulsory execution. A final loss is therefore not a mere defeat but a legal event that definitively changes the parties' rights relationships.
Appeal and Procedure for Challenging
A losing party may file an appeal (항소) against a first-instance judgment or a higher appeal (상소) against a second-instance judgment within two weeks from the date the judgment is served. The appellate court is an appellate instance that reviews both findings of fact and legal determinations, while the higher appellate court (Supreme Court) reviews only limited grounds such as violation of law. If the appeal period passes, the judgment becomes final and no further challenge is possible.
Litigation Costs and Other Effects
The losing party bears all or part of litigation costs, including registration fees, service fees, and attorney fees. However, the court may offset them depending on the circumstances. In civil cases, a loss itself can lead to compulsory execution and may be a ground for cancellation of preservative measures such as provisional attachment and provisional injunction. In labor and family cases, a loss judgment may also affect credit or social reputation.
Relativity with Winning
In a single case, the plaintiff's win is the defendant's loss, and a judgment granting part of the claim means both parties have "partially won and partially lost." If a counterclaim is filed and the conclusions of the main claim and counterclaim diverge, complex forms such as both parties losing or both parties winning can appear.
Strategies to Reduce Losses
Pre-litigation evidence collection, legal review, and use of settlement or mediation are important. Recently, attempts to predict outcomes in advance through case law search and legal AI have increased. Lawyers should honestly inform clients of the possibility of loss, and parties should decide whether to litigate by weighing benefits against costs and time rather than responding emotionally.
Recent Trends
In 2024–2025, with the expansion of the electronic litigation system and the broader scope of judgment disclosure, examples of loss judgments have accumulated and become searchable. As generative-AI-based case analysis tools have spread, pre-litigation outcome prediction services have emerged, and discussions related to the Attorney-at-Law Act and personal information are active. In addition, in class actions and small claims, discussions continue on strengthening the burden of litigation costs to curb indiscriminate appeals after loss, and the Supreme Court is trending toward strengthening practice standards that require detailed explanation of the reasons for judgment.
Related Topics
- [[승소]]
- [[판결]]
- [[항소]]
- [[기판력]]
- [[소송비용]]
- [[민사소송법]]