The misunderstanding of legal principles as to grounds for retrial and grounds for appeal

The appeal that there is an error of misunderstanding the legal principles as to the grounds for retrial by the lower judgment does not fall under any of the grounds provided in Article 11(1) of the Act on Special Cases concerning Promotion of

Article 11 of the Act on Special Cases concerning Promotion of Legal Proceedings

Supreme Court Decision 81Da850, 81Meu299, Sept. 14, 1982; 82Da348, Sept. 14, 1982

Plaintiff (Re-Defendant) 1 and 3 others

Defendant (Reexamination Plaintiff) 1

Gwangju District Court Decision 82Na3 delivered on March 9, 1983

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant (hereinafter only referred to as the "defendant")'s ground of appeal shall be examined.

The issue is that the judgment of the court below contains an error of law by misunderstanding the legal principles as to the grounds for a retrial, and there is an error of law in violation of the rules of evidence in the final judgment subject to its review, and all the arguments are not considered to fall under any of the cases provided in Article 11 (1) of the Act on Special Cases concerning the Promotion

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.

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young