[소송비용부담및소송비용액확정신청][미간행]
The case where it is reasonable for the respondent to bear the litigation costs relating to the final appeal case after filing a final appeal and withdrawn it.
Articles 98 and 114 of the Civil Procedure Act, Articles 3(2) and 6 of the Rules on the Inclusion of Costs of Litigation for Attorney Fees
Applicant Co., Ltd. (Attorney Park Jae-jin, Counsel for defendant-appellant)
Respondent Corporation
The costs of the appeal for provisional seizure of the Supreme Court 2008Da12354 between the applicant (debtor) and the respondent (creditor) shall be borne by the respondent (creditor). The respondent (creditor) shall fix that the amount of the costs of the appeal for provisional seizure is KRW 3,085,060,060.
According to the records, the respondent (hereinafter referred to as the "applicant") filed a lawsuit of provisional attachment objection against the applicant (the debtor, hereinafter referred to as the "applicant"), and the respondent, the appellant of March 12, 2008, where the case of final appeal (Supreme Court Decision 2008Da12354 delivered on March 12, 2008, was pending, can be known that the appeal was withdrawn.
The applicant is seeking the confirmation of the cost of lawsuit to be paid and repaid with respect to the above case of final appeal.
On the other hand, the costs of the lawsuit in the above final appeal shall be borne by the respondent who has filed a final appeal by applying and applying Articles 114 and 98 of the Civil Procedure Act.
Furthermore, as to the amount of litigation costs to be borne by the respondent, the applicant's attorney-at-law has been acting as the applicant from the first instance court to the first instance court of this case, it seems that the process of appointing the case and thereafter the case was not required to grasp or prepare for the final appeal, and that the respondent was withdrawn from the final appeal in 20,000 after the applicant filed an appeal and the applicant appointed the attorney-at-law did not engage in any active litigation and until that time, the applicant's attorney-at-law did not engage in any active litigation act, and all other circumstances that can be known by the record, it is reasonable to reduce the attorney-at-law's fee to be included in the litigation costs by applying Article 6 (2) of the Rules on the Inclusion of Litigation Costs of the Attorney-at-law's Fees to
Therefore, the amount of the litigation cost of the final appeal to be borne by the respondent is a total of KRW 3,085,060 as shown in the separate sheet. Therefore, the amount of the litigation cost of the final appeal to be borne by the respondent is determined as KRW 3,085,060, which the respondent
It is so decided as per Disposition by the assent of all participating Justices.
[Attachment] Statement of Costs of Litigation: omitted
Justices Kim Ji-hyung (Presiding Justice)