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(영문) 대법원 2017.09.21 2016다243511
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, 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, e.g., Supreme Court Decision 2006Da53078, Oct. 13, 2006). The Defendants asserted as grounds of appeal that the lower court made a decision contrary to the Supreme Court precedents.

However, examining the reasoning of the judgment below, the judgment of the court below cannot be said to have made a decision contrary to the Supreme Court precedents, since the specific case of the Supreme Court's decision alleged by the Defendants cannot be deemed identical

Therefore, the above argument does not constitute a legitimate ground of appeal under Article 3 of the Trial of Small Claims Act.

The remaining grounds of appeal also do not constitute legitimate grounds of appeal as stipulated in Article 3 of the Trial of Small Claims Act.

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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