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(영문) 서울중앙지방법원 2018.10.16 2016가단5283673

청구이의

Text

1. The Defendant’s decision on March 22, 2016 against the Plaintiff is based on the Seoul Central District Court’s decision to determine the litigation cost.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) filed a lawsuit against the Plaintiff seeking damages for KRW 2,086,00,000 against the Seoul Central District Court Decision 2013Gahap532888, and damages for delay, but the judgment of the lower court was rendered against the Plaintiff.

C The Seoul High Court Decision 2014Na2045988 (Seoul High Court Decision 628,096,919 among the judgment of the first instance judgment and the damages for delay thereof were appealed, and the amount of the claim was reduced to the above amount. On August 20, 2015, the Court rendered a judgment that the Plaintiff shall bear the total costs of the lawsuit.

As to this, the Plaintiff appealed by Supreme Court Decision 2015Da234565, but on December 23, 2015, the appeal was dismissed and the costs of appeal are assessed against the Plaintiff.

C On December 23, 2015, the claim for reimbursement of litigation costs against the Plaintiff according to each judgment on the claim for damages as above was transferred to the Defendant and notified the Plaintiff thereof. On December 24, 2015, the notice was delivered to the Plaintiff.

On the other hand, on December 24, 2015, C filed an application against the Plaintiff for the determination of the amount of litigation costs according to each of the respective judgments in the claim for damages as Seoul Central District Court Decision 2015Kao-53612, and on March 22, 2016, the above court rendered a decision that the Plaintiff is KRW 37,217,556 (hereinafter “decision 1”), which became final and conclusive on September 10, 2016.

The defendant was granted the succeeding execution clause from the Seoul Central District Court as a successor to C for compulsory execution against the plaintiff based on the first decision on November 18, 2016.

B. The Plaintiff filed a petition against C with the Seoul High Court for a decision on the apportionment of litigation costs and the determination of the amount of litigation costs as to the portion of the claim that has been reduced as a result of the reduction of the amount of the claim after having lodged an appeal against the judgment of the first instance court regarding the claim for damages claim as above. The said court filed a petition with C for a decision on the burden of litigation costs and the determination of the amount of litigation costs.