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(영문) 대법원 2015.12.24 2015다57843

임대차보증금 반환

Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

According to Article 3 of the Trial of Small Claims Act, with respect to small claims, an appeal may be filed only when the judgment on whether to violate the provisions of law, rules of order or disposition, or whether to violate the rules of order or disposition, is unfair, or when the judgment contrary to the Supreme Court'

"When the Supreme Court makes a decision contrary to the Supreme Court's precedents" means an interpretation contrary to the Supreme Court's decisions on the interpretation of statutes applicable to specific cases, and the grounds such as simple misunderstanding of legal principles, violation of the rules of evidence, and incomplete hearing are not applicable.

In addition, "a decision made by the Supreme Court on the interpretation of Acts and subordinate statutes applicable to a specific case" refers to a decision made by the Supreme Court on the definition of all or part of the provisions applicable to a specific case, and "a case where the interpretation is in conflict with" refers to a case where the Supreme Court makes a decision on the application of the provisions of the Acts and subordinate statutes to a specific case on the premise of the interpretation or opposing opinion on the definition of the provisions of the law.

(2) In light of the above legal principles, the court below did not err by misapprehending the legal principles as to the interpretation of the law applicable to this case. Thus, the court below did not err by misapprehending the legal principles as to the interpretation of the law applicable to this case, or by misapprehending the legal principles as to the interpretation of the law in this case. Thus, the court below did not err by misapprehending the legal principles as to the interpretation of the law in this case, or by misapprehending the legal principles as to the interpretation of the Supreme Court precedents.

In addition, the grounds alleged by the defendant cannot be a legitimate ground for appeal in this case, which is a small amount case.

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.