Whether to apply for a final appeal against small claims (negative)

Since the provisions of Articles 11 and 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings are not applied to small claims, the application for a final appeal is the filing of a final appeal, and the grounds for the application for final

Articles 11 and 12 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings; Article 3 of the Trial of Small Claims Act; Procedure for the receipt and handling of applications for permission for a final appeal or re-appeal (established Rules No. 20 on 6 July 6, 81)

Supreme Court Decision 81Meu278 Decided August 11, 1981

Plaintiff

[Defendant-Appellant] Plaintiff 1

Daejeon District Court Decision 80Na129 delivered on April 9, 1981

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

According to the records, this case is a small-sum case under Article 2 of the Trial of Small Claims Act and Article 1-2 of the Trial of Small Claims Act (amended by Rules No. 757 of Feb. 23, 1981), and Article 1-2 of the Trial Rules of Small Claims (amended by Rules No. 757 of Feb. 23, 1981). As to small-sum cases, the provisions of Articles 11 and 12 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings are not applicable. Therefore, the application for a final appeal filed by the defendant as the filing of

According to Article 3 of the Trial of Small Claims Act, when the judgment of the collegiate division of the district court on small claims rendered by the collegiate division of the district court on January 1, 201 is unreasonable to determine whether or not the violation of the Constitution of Acts, orders, rules or dispositions and whether or not the violation of the law of orders, rules or dispositions may be appealed to the Supreme Court.

However, the gist of the grounds of appeal in this case asserted by the defendant representative is that the court below recognized facts without any evidence and determined the value of evidence, and violated the rules of evidence, and thus, did not agree with the assertion of any violation of Acts and subordinate statutes. The precedents of the party members in the lawsuit are merely a precluding the violation of the rules of evidence. Thus, it cannot be deemed that the decision contrary to the Supreme Court precedents in Article 3 (2) of the Trial of Small Claims Act is a time when the decision is made

After all, 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 on the bench.

Justices Lee Lee Sung-soo (Presiding Justice)