위자료
The part of the lawsuit filed for interim confirmation in the judgment of the first instance shall be revoked.
The intermediate confirmation of this case shall be dismissed.
1. In a lawsuit for an interim confirmation as to the legitimacy of a lawsuit for an interim confirmation is a lawsuit seeking confirmation of legal relations by combining the litigation procedures when there is a dispute between the parties as to the existence or absence of legal relations with respect to the determination of the original lawsuit (Article 264 of the Civil Procedure Act).
However, it is evident that the Plaintiff’s lawsuit for interim confirmation does not seek confirmation as to the existence of legal relations, but rather seek performance of consolation money, solely based on the purport of the claim that “the Defendant shall pay consolation money of KRW 500,000 to the Plaintiff.” Thus, it did not meet the lawful requirements of the lawsuit for interim confirmation.
Therefore, the lawsuit of intermediate confirmation of this case shall be dismissed as unlawful.
2. Determination as to the principal lawsuit
A. The Plaintiff’s assertion is Seoul Eastern District Court 2017Kahap10205, Seoul High Court 2017Ra21181, Supreme Court 20181, and Supreme Court 2018Ma5160, the Plaintiff’s motion was dismissed in the first instance trial, and the Plaintiff’s appeal was dismissed, but the changed motion was all dismissed in the appellate and appellate trial. However, the reappeal was dismissed.
In the instant case, the judges rendered a judgment unfavorable to the Plaintiff upon the request of the power to gather the Plaintiff, and the Seoul Eastern District Court Decision 2018KaMa5451 decided the costs of lawsuit against the Plaintiff in relation to the instant provisional injunction case, C requested the confirmation of the costs of lawsuit against the Plaintiff. The Plaintiff calculated the costs of lawsuit from the first and third instances to the third instances, which the Plaintiff would recover to C, as KRW 4,671,585.
Although the plaintiff filed a complaint against the above decision, the appeal was dismissed (Seoul High Court 2018Ra21244), and the plaintiff filed a reappeal but the reappeal was dismissed.
(Supreme Court Decision 2018Ma7419). In this regard, the judicial assistant officer is below the rule on the inclusion of the cost of litigation in the attorney’s fees at the request of the pertinent force.