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(영문) 대법원 2019.08.30 2015다210255

손해배상(기)

Text

All appeals are dismissed.

The costs of appeal by the Plaintiff are assessed against the Defendants.

Reasons

1. The court of final appeal may only investigate and determine the Plaintiff’s final appeal within the extent of filing an appeal based on the grounds of final appeal. As such, the grounds of final appeal specify the grounds of final appeal and state specific and explicit reasons as to which part of the judgment below is in violation of the statutes. If the grounds of final appeal submitted by the appellant does not state such specific and explicit reasons, the grounds of final appeal should be treated as not submitting a final appellate brief.

(see, e.g., Supreme Court Decision 97Da5126, Mar. 27, 1998). In addition, in a case where the grounds of appeal stated in the supplemental appellate brief that was not timely filed does not supplement the grounds of appeal legitimately stated in the supplemental appellate brief that was not timely filed within the prescribed period, but includes a new assertion that is not about the matter to be examined ex officio, the new assertion is not legitimate grounds of

(see, e.g., Supreme Court Decisions 97Da5126, Mar. 27, 1998; 2014Da27999, Aug. 28, 2014). According to the records, the petition of appeal filed by the Plaintiff is based on the ground of appeal stating that “I would make an appeal because there is an error of law by mistake of facts and misapprehension of legal principles and incomplete deliberation, and I would make an appeal. Detailed grounds of appeal are merely stated as “I would make a subsequent shipment,” and the Plaintiff did not submit the grounds of appeal within the submission period

In light of the above legal principles, such grounds of appeal did not state specific and explicit grounds on which part of the judgment below is in violation of the law, and it cannot be deemed that legitimate grounds of appeal are stated in the petition of appeal.

In addition, although the Plaintiff filed the supplemental appellate brief after the lapse of the period, it is merely a supplement to the foregoing illegal grounds for appeal.