The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

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 defendant asserts that the judgment of the court below was contrary to the Supreme Court precedents.

However, examining the reasoning of the judgment below in light of the above legal principles, since specific cases in the Supreme Court decisions asserted by the defendant cannot be deemed the same as this case, there is no room to apply the legal opinion expressed in this case, or there is no definition of the whole or part of the provisions applicable to specific cases. Thus, the judgment of the court below cannot be said to have judged contrary to the Supreme Court decisions.

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.