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(영문) 대법원 2019.10.31 2019다238794

대여금

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

We examine the grounds of appeal.

The court of final appeal may investigate and determine only to the extent of filing an appeal based on the grounds of final appeal. As such, the grounds of final appeal should specify the grounds of final appeal and indicate specific and explicit reasons as to how to comply with the statutes and regulations of the court below.

When the appellate brief filed by the appellant does not contain any specific and explicit reasons, it is inevitable to treat the appellate brief as not submitting the appellate brief.

(See Supreme Court Decision 2014Da4538 Decided May 29, 2014). The petition for final appeal filed by the Plaintiff is without stating the grounds of final appeal, and the written application filed by the Plaintiff on August 16, 2019 and the written application filed on October 10, 2019 do not contain specific and explicit grounds as to what portion of the lower judgment was in violation of the relevant statute, and thus, the Plaintiff is bound to be deemed to have failed to submit the grounds of final appeal.

Examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine.

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.