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(영문) 대전지방법원 2019.11.20 2018가단25684

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2015, the Defendant and C filed a lawsuit of demurrer against the Plaintiff, as Daejeon District Court Decision 2014Gahap108571, which declared that “The costs of lawsuit shall be borne by the Defendant (the Plaintiff of this case)” shall be borne by the Defendant, upon accepting the Defendant and C’s claim on July 1, 2015, the said court rendered a judgment with the purport that “The costs of lawsuit shall be borne by the Defendant (the Plaintiff of this case)” shall not be subject to compulsory execution based on the original copy of the debt repayment contract No. 4165 and the Daejeon District Court Decision 2005.

B. Around 2015, the Plaintiff appealed as the Daejeon High Court 2015Na13285, which was dissatisfied with the foregoing judgment, but the Daejeon High Court dismissed the Plaintiff’s appeal and sentenced the Plaintiff to the judgment that the costs of appeal are borne by the Plaintiff. Around 2016, the Supreme Court appealed as Supreme Court Decision 2016Da219433 Decided the above appellate judgment, but the Supreme Court rendered a judgment that the said appeal is dismissed and the costs of appeal are borne by the Plaintiff, and the judgment of Daejeon District Court 2014Ga1085

(hereinafter referred to as "each of the instant judgments" in the first instance court, the appellate court, and the final appeal judgment).

In around 2017, the Defendant filed an application with the Daejeon District Court for the determination of the amount of litigation costs to be repaid to the Defendant in relation to each of the instant judgments. On January 31, 2018, the said court rendered a decision to confirm that the amount of litigation costs to be reimbursed to the Defendant is KRW 10,598,730 (hereinafter “the determination of the amount of litigation costs of this case”), and the said decision was finalized on August 17, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the Daejeon District Court 2014Gahap108571, the Daejeon High Court 2015Na13285, the appellate court, and the Supreme Court 2016Da219433, the appellate court.