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(영문) 대법원 2016.04.28 2014다38845
구상금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

According to the Trial of Small Claims Act, a judgment on the violation of the Constitution or the disposition of a small claim and on whether or not the violation of the rules of law or the disposition of an order or disposition is unfair (Article 3 subparag. 1), or a judgment contrary to the Supreme Court’s precedents (Article 3 subparag. 2) may only be appealed. Here, “when a judgment contrary to the Supreme Court’s precedents” refers to an interpretation contrary to the Supreme Court’s rulings on the interpretation of statutes applicable to a specific case, and it does not constitute a simple violation of the rules of evidence or a misapprehension

In addition, "the decision of the Supreme Court on the interpretation of Acts and subordinate statutes applicable to a specific case" means the decision of the Supreme Court on the definition of all or part of the statutory provisions applicable to a specific case, and "the interpretation in conflict with the original decision" means the case where the Supreme Court on the statutory provisions in question makes a decision on the application of the statutory provisions in question on the premise of the interpretation or opposing opinion on the definition interpretation of the Supreme Court

(2) In light of the above legal principles, the Plaintiff’s ground of appeal that the lower court, while recognizing the Defendant’s tort liability of the driver of a vehicle, deemed the Plaintiff’s fault as 10%, is erroneous in the misapprehension of legal principles, mistake of facts, or incomplete deliberation, etc., as it did not constitute one of the grounds of appeal as stipulated in Article 3 of the Trial of Small Claims Act.

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.

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