The judgment of the court below is reversed, and the case is remanded to Busan District Court Panel Division.

The grounds of appeal are examined.

1. The case is a small amount case to which the Trial of Small Claims Act applies, and only if there is a reason prescribed in Article 3 of the Act, an appeal may be filed with the Supreme Court;

Of the grounds of appeal, the argument that the judgment below erred in the misapprehension of the rules of evidence and the violation of the rules of evidence does not constitute any of the above grounds.

In addition, the argument in the grounds of appeal that the plaintiff is the principal debtor and the defendant is merely a joint and several surety, and the judgment of the court below is in violation of the Supreme Court precedents, is that the defendant is the principal debtor of the loan in this case and the plaintiff is a joint and several surety different from the fact-finding of the court below that is the principal debtor of the loan in this case. Thus, the ground for the above argument cannot be the ground for "when the judgment contrary

Therefore, all of the above arguments are not legitimate grounds of appeal recognized in small claims.

2. In the event that dividends distributed at an auction to exercise a security right fall short of extinguishing all of the claims owned by the secured party, designated appropriation of performance pursuant to Article 476 of the Civil Code cannot be permitted, and an agreement between the obligee and the obligor on appropriation of performance is not permitted, and an appropriation of performance pursuant to such agreement is not permitted, and an appropriation of performance shall be made in accordance with the method of statutory appropriation of performance pursuant to Articles 477 and 479 of the Civil Code, which is the most equitable and equitable appropriation method uniformly. Such statutory appropriation of performance is made in the order of interest, damages for delay and the principal. Such payment of performance shall be made between the principal and the interest, damages for delay and the principal, and shall be made in the order of each other according to the arrival of the due date, the arrival of the due date, and the difference between the principal and the interest rate, but if no distinction is made from the due date or the