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대법원 2016.06.28 2016다13338

자동차매매대금반환

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

We examine the grounds of appeal.

An appeal may be filed with the Supreme Court with respect to cases falling under small claims prescribed in Article 2 (1) of the Trial of Small Claims Act and Article 1-2 of the Rules on Trial of Small Claims only in cases where grounds prescribed in Article 3 of the Trial of Small Claims Act exist.

However, in this case where it is obvious that the defendant is a small amount of claim, the grounds for appeal filed by the defendant do not constitute grounds for permission for appeal under Article 3 of the above Act, and thus, it cannot be legitimate grounds for appeal

Therefore, the appeal 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.