청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the Seoul Southern District Court Decision 2013Gaso50763 and the Seoul Southern District Court Decision 2014Na52433 (hereinafter “instant judgment”), the Defendant filed an application for a final decision on the amount of litigation costs (hereinafter “final decision on the amount of litigation costs of this case”) with the Seoul Southern District Court Decision 2016KaMa10035, which is the appellate court (hereinafter “instant judgment”), and the said court rendered a decision on April 5, 2016 that “The amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant according to the instant judgment is KRW 2,133,160” is either a dispute between the parties or recognized by the evidence Nos. 1 and 2.
2. The plaintiff asserts that, since the decision to determine the amount of litigation costs does not have a final judgment on the merits, compulsory execution by the decision to determine the amount of litigation costs of this case shall not be allowed.
On the other hand, the final decision on the amount of litigation costs constitutes a judgment that can only file an appeal under Article 56 subparagraph 1 of the Civil Execution Act, and thus, can become an independent executive title. Since the existence of a duty to reimburse litigation costs included in a judgment on the amount of litigation costs and its payment order are naturally included in the final decision on the amount of litigation costs under the inherent premise of the final decision on the amount of litigation costs, it is difficult to say that only the final decision on the amount
(2) The Plaintiff’s claim is not consistent with the Plaintiff’s assertion, as the ground for appeal, with the purport that the judgment ordering the burden of litigation costs in the judgment on the merits cannot serve as an executive title of the claim for reimbursement of litigation costs, and a separate executive title, such as the final decision on the amount of litigation costs, may enforce compulsory execution on the debtor’s property. Therefore, the Plaintiff’s assertion cannot
The plaintiff asserts that the judgment of this case is null and void in the complaint and preparatory documents, and that compulsory execution based on the judgment of this case constitutes tort or abuse of rights.