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(영문) 전주지방법원 2015.09.24 2015가단16981

대여금

Text

1. Of the instant lawsuit, the part demanding the payment of 160,480 won shall be dismissed.

2. The defendants are the defendants.

Reasons

1. The Plaintiff asserts that the former District Court Decision 2005Da7028, which filed a claim against the Defendants for the reimbursement procedure cost of KRW 160,480,00. However, the costs alleged by the Plaintiff constitute the costs of lawsuit incurred by the parties for the lawsuit, and the amount paid as the costs of lawsuit can be repaid through the procedure for the determination of litigation costs, and thus there is no benefit to file a lawsuit separately (see, e.g., Supreme Court Decisions 86Da2200, Jun. 9, 1987; 99Da68577, May 12, 200), and the part seeking the payment of this amount is unlawful.

2. Indication of claims: It shall be as shown in attached Form; and

3. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);