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(영문) 대법원 2016.06.23 2016다14218
기타(금전)
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, 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.

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles on the legal principles of the law that apply to a specific case, or by misapprehending the legal principles on the legal principles of the law, since the legal opinion expressed by the defendant in the Supreme Court decision cannot be interpreted as a definitional interpretation on the whole or part of the legal provisions that apply to a specific case, or since the specific case does not coincide with this case, there is no room to apply the legal opinion expressed in the decision of the court below to this case. Thus, the court below cannot be said to have judged contrary to the Supreme Court decision.

In addition, the remaining grounds of appeal do not constitute legitimate grounds of appeal as provided by the Trial of Small Claims Act.

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.

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