2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

2. Determination

A. First, we examine the legality of the instant lawsuit.

Comprehensively taking account of the overall purport of the arguments in Gap evidence 13 and 14, the plaintiff filed a lawsuit against the defendants on April 10, 2014 for the confirmation of the existence of an obligation in this court 2014Gahap19252, but withdrawn on May 29, 2014. The plaintiff paid KRW 49,329,90 as recognized at the time of the filing of the lawsuit, but received KRW 24,64,950, a half of the stamp after the withdrawal of the lawsuit.

However, since the amount of litigation costs can be repaid through the procedure of determining the amount of litigation costs pursuant to the provisions of the Civil Procedure Act after the judgment becomes final and conclusive, it is alleged as damages in a separate lawsuit and there is no benefit to seek compensation.

(2) In the instant case, the Plaintiff’s assertion that the amount of damages claimed by the Plaintiff is KRW 24,664,950, which corresponds to the portion for which the amount of damages was not refundable as recognized in the instant case (see, e.g., Supreme Court Decision 86Meu2200, Jun. 9, 1987). It is apparent that the amount of damages claimed by the Plaintiff is KRW 24,664,950, which corresponds to the portion for which the amount was not refundable as recognized in the instant case. This is determined through a

Article 114(1) of the Civil Procedure Act provides that “When a lawsuit is completed without a trial or has been withdrawn, the court shall, by its ruling, determine the amount of the litigation cost and order it to be borne by it upon the party’s request.” Article 114(2) of the Civil Procedure Act provides that Articles 99 and 101 of the same Act shall apply mutatis mutandis.

Therefore, even if the lawsuit is terminated by the withdrawal of the lawsuit, the costs of the lawsuit shall be borne.