[소송비용담보제공][공2009하,1469]
If a defendant who has lost a shareholder representative lawsuit files an appeal or appeal, the value of the subject-matter of the appeal trial (=50 million won)
In full view of the contents of Article 26 of the Civil Procedure Act concerning the computation of a lawsuit, Article 2(1) and (3) of the Act on the Stamps Attached for Civil Litigation, etc., and Articles 6 and 7 of the Rules on the Stamps for Civil Litigation, etc., in particular, the content of Article 2(4) of the Act on the Stamps Attached for Civil Litigation, etc., Articles 15(1) and the proviso of Article 18-2 of the Rules on the Stamps Attached for Civil Litigation, etc., and the contents of Article 3 of the Act on the Stamps Attached for Civil Litigation, etc., and Article 25 of the Rules on the Stamps for Civil Litigation, etc., even in a case where a defendant who has lost a lawsuit representing the shareholder representative files an appeal or files an appeal, it is reasonable to view the value of the subject-matter of the appeal lawsuit as KRW 50 million still.
Article 26 of the Civil Procedure Act, Article 2(1), (3), (4), and Article 3 of the Act on the Stamps Attached to Civil Litigation, Etc., Articles 6, 7, 15(1), 18-2, and 25 of the Rules on the Stamps Attached to Civil Litigation, Etc.
Applicant 1 and four others (Law Firm Rate, Attorneys Yoon Yong-pon et al., Counsel for the plaintiff-appellant)
Respondent Co., Ltd. (foreign corporation) and two others (Law Firm Dongdong Partners, Attorneys Kim Han-ju et al., Counsel for the defendant-appellant)
Seoul High Court Order 2008Ra1573 dated November 26, 2008
All reappeals are dismissed.
In full view of the contents of Articles 26 of the Civil Procedure Act, Article 2(1) and (3) of the Act on the Stamps Attached for Civil Litigation, Etc. (hereinafter “Identification Rule”), Articles 6 and 7 of the same Act (hereinafter “Identification Rule”), and each of the provisions of Articles 2(4) of the same Act, Article 15(1) and the proviso of Article 18-2 of the Acknowledgement Rule, and each of the provisions of Article 3 of the Acknowledgement Rule, Article 25 of the Acknowledgement Rule, and Article 25 of the Acknowledgement Rule, even in a case where a defendant who has lost a shareholder representative lawsuit files an appeal and a prize, the value of the subject-matter of the appeal is still KRW 50 million.
For the reasons indicated in its holding, the court below accepted the application for the provision of litigation costs of this case within the limit of the judgment amount based on the premise that the re-appellant is not an amount (18.95 billion won) obligated to actually pay when the re-appellant lost all of the lawsuit on the merits, not an amount (18.95 billion won) but an action under the stamp rules is 50 million won. In light of the aforementioned legal principles and records, the above decision of the court below is proper, and there is no violation of the Constitution, Acts, orders, or rules which affected the judgment.
Therefore, all reappeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Ahn Dai-hee (Presiding Justice)