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(영문) 대법원 2015.10.15 2013다216228
보험금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Since it is technically impossible to clearly regulate all individual legal relations while enacting the legislation, it is necessary to supplement the court’s supplementary interpretation to a certain extent, and if it can reasonably be supplemented through such interpretation, the law is unconstitutional because it violates the principle of clarity.

(see, e.g., Supreme Court Decision 2008Da13043, Oct. 14, 2010). In addition, a judgment on the party’s allegations and other means of offence and defense should be indicated to the extent that the text of the judgment can be justified, and a judgment on all the parties’ allegations and means of offence and defense need not be made.

(Article 208 of the Civil Procedure Act). Therefore, even if a court’s ruling does not state a direct judgment on the matters alleged by the parties, if it is possible to find out that the parties have cited or rejected such assertion in light of the overall purport of the reasons for the judgment, it cannot be deemed an omission of judgment. Even if a court’s ruling was not yet made, if it is obvious that such assertion would be rejected, it cannot be said that there

(see, e.g., Supreme Court Decisions 2006Da218, Jul. 10, 2008; 201Da87174, Apr. 26, 2012). In addition, pursuant to Article 3 of the Trial of Small Claims Act, an appeal may be filed against small claims only in cases where a judgment on whether to violate the Constitution or not to issue an order, rule or disposition, or whether to violate the rules or disposition, is unfair, or where a judgment contrary to the Supreme Court precedents has been rendered.

Here, “when the Supreme Court rendered a decision contrary to the Supreme Court’s precedents” means the Supreme Court’s decision on the statutory provisions applicable to the specific case.

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