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(영문) 대법원 2012.06.28 2012다34900
차임등
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, an appeal may be filed in respect of small claims only when the judgment on whether to violate the provisions of law, rules or disposition and whether to violate the rules of order or disposition is unfair, or when the judgment contrary to the Supreme Court's precedents is rendered. Here, "when the judgment contrary to the Supreme Court's precedents" means the case where the interpretation of statutes applicable to specific cases is inconsistent with the judgment issued by the Supreme Court, and simple misapprehension of legal principles, violation of the rules of evidence, or incomplete deliberation do not constitute

In addition, "the decision of the Supreme Court on the interpretation of Acts and subordinate statutes to be applied to a specific case" means the decision of the Supreme Court on the definition of all or part of the provisions of Acts and subordinate statutes to be applied to a specific case, and "the interpretation of Acts and subordinate statutes which conflict with one another" refers to the case where the Supreme Court makes a decision on the application of the provisions of the Acts and subordinate statutes to the specific case on the premise of the interpretation or opposing opinion of

(2) The Supreme Court Decision 201Da13859 Decided April 26, 2012 (see, e.g., Supreme Court Decision 2012Da13859, Apr. 26, 2012). However, examining the reasoning of the lower judgment, the Supreme Court’s judgment cited in the ground of appeal cannot be deemed as a judgment of the Supreme Court which interpreted the whole or part of the statutory provisions applicable to the instant case as a justifiable interpretation, or cannot be deemed as a premise of the interpretation or a dissenting opinion of the Supreme Court’s judgment cited in the ground of appeal by the lower court

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party.

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