[대여금][집21(3)민254;공1974.2.1.(481),7691]
Grounds of Appeal as to “Small Sum Claim”
With respect to small claims as provided in Article 2 of the Trial of Small Claims Act, an appeal may be filed only when the judgment on whether or not the law, order, rule or disposition has been violated or not, is unreasonable under Article 3 of the same Act, and when the judgment contrary to the precedents of the Supreme Court has been made.
Article 3 of the Trial of Small Claims Act
Plaintiff
Defendant
Jeju District Court Decision 73Na7 delivered on September 26, 1973
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The defendant's grounds of appeal are examined.
According to Article 3 of the Trial of Small Claims Act, the value of the subject-matter of a lawsuit is KRW 100,000, which corresponds to small claims provided for in Article 2 of the Trial of Small Claims Act, and the judgment on whether the law, order, rule or disposition has been violated or not is unreasonable, and the appeal may be filed only when the judgment contrary to the Supreme Court's precedents has been made.
However, the defendant's ground of appeal in this case is not erroneous in the judgment below, but it is alleged that the original judgment violated the rules of evidence and deviates from the scope of free evaluation of evidence. Thus, this cannot be a legitimate ground of appeal under the Trial of Small Claims Act.
Therefore, this appeal is dismissed without merit, 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.
Justices Yang Byung-ho (Presiding Justice)