[전부금청구사건][하집1985(4),170]
The time of establishment and maturity of the right to claim reimbursement of litigation costs
The right to claim reimbursement of costs of lawsuit shall be constituted by a judgment ordering the reimbursement of costs, but the maturity shall arrive at least at the time when the original copy of the final judgment ordering the reimbursement of costs of lawsuit is served on the other party who is the person liable for the reimbursement of costs or at least at the latest when the final judgment becomes final
Article 100 of the Civil Procedure Act
Jinyang Industries Corporation
Federation of Fisheries Cooperatives
1. The defendant shall pay to the plaintiff 4,514,683 won with the annual interest rate of 5% from June 26, 1984 to May 10, 1985, and the annual interest rate of 25% from May 11, 1985 to the full payment rate.
2. The costs of lawsuit shall be borne by the defendant.
3. Paragraph 1 can be provisionally executed.
The same shall apply to the order.
On June 20, 1984, on the basis of an executory exemplification of the judgment rendered by the plaintiff against the non-party on the claim for vessel repair cost claim No. 83 83,2751, the plaintiff filed a lawsuit against the defendant and filed a claim against the non-party on May 23, 1984, the plaintiff's damages claim amounting to KRW 3,937,538, and damages damages at the rate of 5 percent per annum from July 15, 1981 to the full payment date, the sum of the above principal and the damages for delay from July 19, 1984 to June 19, 1984 (3,937, 537, 538 +57, 145), and the parties to the lawsuit filed an application for the attachment and assignment order of claims against the non-party 84,783,78483,784,7884). The plaintiff did not have any dispute over the plaintiff's claims attachment and assignment order to the non-party 481654,584.5485
Accordingly, as to the plaintiff's claim for the payment of the full amount of the lawsuit costs on the ground that he is the whole creditor, the defendant filed an appeal between the non-party and the defendant, but the judgment dismissing the lawsuit costs became final and conclusive on March 14, 1985, the defendant followed the procedure for determination of the amount of the lawsuit costs according to the judgment of the first and the second instance court rendered on August 12, 1985, and served the original copy of the judgment of the first and the second instance court that determined that the non-party is KRW 2,694,563, the amount of the lawsuit costs to be reimbursed by the non-party to the defendant by the above judgment of the first and the second instance court rendered a final and conclusive judgment on August 12, 1985. Thus, the plaintiff's claim for reimbursement of the lawsuit costs is set off on the amount equal to the above entire claim and the right to demand reimbursement of the lawsuit costs before the final and conclusive judgment becomes final and conclusive, but the defendant's claim for reimbursement of the lawsuit costs cannot be made at least after the final and conclusive.
Therefore, the defendant is obligated to pay to the plaintiff the amount of the above assignment order 4,514,683 won and damages for delay at the rate of 5% per annum from June 26, 1984 to May 10, 1985, which is obvious on the record that the delivery date of a copy of the complaint of this case is the delivery date of a copy of the complaint of this case, and the damages for delay at the rate of 25% per annum from the next day to the full payment date as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings. Thus, the plaintiff's claim of this case for the performance of this case is justified and accepted, and the costs of the lawsuit shall be borne by the losing defendant, and with respect to the declaration of provisional execution, it is so decided as per Disposition
Judges Choi Jin-sil