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(영문) 대법원 2015.08.27 2015다221194
구상금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

According to Article 3 of the Trial of Small Claims Act, an appeal may be filed in respect of small claims only when the judgment on whether to violate the provisions of law, rules or disposition, or whether to violate the rules of order or disposition, or when the judgment contrary to the precedents of the Supreme Court has been rendered. Here, “when the judgment contrary to the precedents of the Supreme Court” refers to cases where the Supreme Court has interpreted the statutes applicable to specific cases in conflict with those of the decisions issued by the Supreme Court, and simple misapprehension of legal principles, violation of the rules of evidence,

In addition, "the decision of the Supreme Court on the interpretation of Acts and subordinate statutes to be applied to a specific case" means the decision of the Supreme Court on the definition of all or part of the provisions of Acts and subordinate statutes to be applied to a specific case, and "the interpretation of Acts and subordinate statutes which conflict with one another" refers to the case where the Supreme Court makes a decision on the application of the provisions of the Acts and subordinate statutes to the specific case on the premise of the interpretation or opposing opinion of

(2) In light of the aforementioned legal principles as seen in the grounds of appeal, the lower court did not err by misapprehending the legal principles on the interpretation of statutes applicable to this case, or by misapprehending the legal principles on the interpretation of statutes applicable to this case. However, the lower court did not err by misapprehending the legal principles on the interpretation of statutes applicable to this case, or by misapprehending the legal principles on the interpretation of the Supreme Court precedents. As such, the lower court did not constitute “when it rendered a decision contrary to the Supreme Court precedents”

Therefore, all appeals are 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.

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