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(영문) 서울중앙지방법원 2019.07.10 2019나3904 (1)

손해배상(기)

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. Since only the defendant filed an appeal against the judgment of the court of first instance which dismissed the plaintiffs' principal lawsuit and dismissed the defendant's counterclaim, only the part of the counterclaim claim is subject to the judgment of this court.

2. Basic facts

A. On August 3, 2012, the Defendant filed a lawsuit against the Plaintiffs, etc. to confirm the right to deposit payments (Seoul Central District Court D; hereinafter “First Lawsuit”). On September 17, 2015, the Defendant was sentenced to a judgment dismissing the Defendant’s claim against the Plaintiffs.

On October 19, 2017, the defendant's appeal (Seoul High Court E) and appeal (F) were all dismissed, and the above judgment became final and conclusive on October 19, 2017.

The plaintiffs' legal representative in the first instance court and the appellate court are Law Firm G (Attorney in charge) and the plaintiffs' legal representative in the appellate court are Attorneys H.

B. On September 11, 2012, the Defendant filed a lawsuit against the Plaintiffs, etc. to confirm the right to claim payment of deposit money (Seoul Central District Court I; hereinafter “Second Lawsuit”), and on October 16, 2015, the Defendant was sentenced to a judgment dismissing the Defendant’s claim against the Plaintiffs.

The defendant's appeal (Seoul High CourtJ) was dismissed, which became final and conclusive on January 3, 2017.

The plaintiffs' legal representative in the first instance court and the appellate court are Law Firm G (Attorney in charge).

C. On December 1, 2017, the Plaintiffs filed an application with the Defendant for the determination of the amount of litigation costs in relation to the first lawsuit (Seoul Central District Court 2017Kao 36428; hereinafter “the first lawsuit amount determination procedure”) and received a decision on January 23, 2018, stating that “the Defendant’s reimbursement to the Plaintiffs is KRW 5,229,942, respectively.”

The defendant appealed against this (Seoul High Court 2018Ra2024), and the appellate court accepted part of the defendant's appeal against the plaintiff A, and "the defendant's appeal against the plaintiff B" is dismissed.

The costs of the lawsuit that the defendant would pay to the plaintiff B are 6,604.