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(영문) 대법원 2016.01.28 2015다241860
계약금반환
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

According to Article 3 of the Trial of Small Claims Act, with respect to small claims, an appeal may be filed only when the judgment on whether or not the violation of the law, rules of order or disposition, or the law of order or disposition is unfair, or when the judgment contrary to the Supreme Court's precedents

Here, “when the Supreme Court rendered a decision contrary to the Supreme Court’s precedents” refers to a case where the Supreme Court’s decision is made on the application of the statutory provisions applicable to a specific case to the relevant case, which are subject to the definition interpretation through a trial of the Supreme Court, or on the premise of the opposite interpretation contents, to the relevant case.

(See Supreme Court Decision 2006Da53078 Decided October 13, 2006, etc.). Defendant asserted as the ground of appeal that the judgment of the court below made a decision contrary to the Supreme Court precedents. However, in light of the above legal principles, examining the reasoning of the judgment below in light of the above legal principles, it cannot be said that the judgment of the court below made a decision contrary to the Supreme Court precedents.

In addition, the remaining grounds of appeal are not legitimate grounds of appeal as provided by 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 on the bench.

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