beta
(영문) 서울남부지방법원 2017.08.10 2017나1320

손해배상(기)

Text

1.The action concerning any claims added by this Court shall be dismissed.

2. The plaintiff's appeal is dismissed.

3. Appeal.

Reasons

1. The part concerning the claim for damages of the existing KRW 141,768,860 is identical to the part concerning the reasoning of the judgment of the court of first instance, and thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. In the instant lawsuit, the Plaintiff sought payment of KRW 1,661,450, total amount of the litigation costs incurred by the Plaintiff in the instant lawsuit ( KRW 171,500, KRW 167,000, KRW 167,000, KRW 728,500, KRW 250, KRW 311,00, and KRW 33,450, and KRW 33,450, as a result of the increase in the amount of damages, and KRW 167,00, KRW 167,00 for the convenience of attending the date of pleading of the first instance trial; and KRW 250,00, KRW 250, and KRW 311,50, and KRW 33

In light of the above legal principles, the amount of damages paid by the Plaintiff as litigation costs can be repaid through the process of determining the amount of litigation costs under the provisions of the Costs of Civil Procedure Act, etc. after the judgment becomes final and conclusive, and there is no benefit to seek compensation by deeming it as a separate and active loss (see, e.g., Supreme Court Decision 86Meu2200, Jun. 9, 1987). Thus, the part concerning the claim for damages paid by the Plaintiff in the lawsuit in this

3. In conclusion, the plaintiff's appeal is dismissed as it is unlawful in this court's claim for the additional claim (1,61,450 won equivalent to the costs of lawsuit and damages for delay) and the remainder of the plaintiff's claim is dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.