The adequacy of the grounds of appeal on the grounds of violation of the Supreme Court precedents concerning the probative value and free evaluation of evidence

The grounds of appeal that the judgment of the court below violated the Supreme Court precedents regarding the probative value of disposal documents and the principle of free evaluation of evidence shall not be a legitimate ground of appeal as it ultimately imposes a violation of the rules of evidence or mistake of facts

Article 11(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings

Supreme Court Decision 81Da960 Delivered on April 13, 1982

[Defendant-Appellee] Plaintiff 1 and 2 others

[Defendant-Appellee] Defendant 1 et al.

Daegu High Court Decision 80Na1079 delivered on April 16, 1981

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff.

We examine the grounds of appeal.

The plaintiff Sho-kin, the plaintiff-appellant, who violated the Supreme Court precedents concerning the disposition documents of the judgment below, and the attorney Kim Jong-kin, as the grounds for appeal, violated the Supreme Court precedents concerning the principle of free evaluation of evidence of the judgment below, but all of the Supreme Court decisions of each lawsuit are not appropriate in this case, and eventually did not violate the rules of evidence of the court below or mistake of facts, and the above grounds for appeal cannot be viewed as legitimate grounds for appeal in light of the provisions of Article 11 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and the appeal is dismissed, and the costs of the lawsuit are assessed against the losing party. It is so decided as per Disposition by the assent

Justices Lee Il-young (Presiding Justice)