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(영문) 수원지방법원 2018.10.25 2018가단530444

청구이의

Text

1. The Defendant’s judgment of Suwon District Court on June 29, 2017 was based on the final determination of the amount of litigation costs 2017Kao119 on the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the overall purport of the arguments as to the evidence Nos. 1 through 4, the Defendant filed an application against the Plaintiff for the determination of the amount of litigation costs with the Suwon District Court 2017Kao19, and on June 29, 2017, rendered a decision that “The amount of litigation costs to be repaid by the Plaintiff to the Defendant shall be determined as KRW 6,162,862” (hereinafter “instant decision”). Around that time, the fact that the said decision became final and conclusive, the Defendant filed an application for compulsory execution based on the above decision, and the Plaintiff intended to pay the above amount of litigation costs to the Defendant, but the Defendant refused to receive it, and ultimately, it is recognized that the Defendant deposited KRW 6,162,862, including the total amount of litigation costs pursuant to the instant decision, with the Seoul Central District Court on June 20, 2018.

B. According to the above facts of recognition, the defendant's claim for the above costs of lawsuit against the plaintiff was all extinguished.

Therefore, compulsory execution based on the decision of this case shall be dismissed.

2. If so, the plaintiff's claim is reasonable, and the litigation cost is determined to be borne by each party in consideration of all the circumstances such as the process of the case and the progress of the lawsuit. It is so decided as per Disposition.