청구이의
1. Compulsory execution by the Defendant’s Seoul High Court Decision 2014Ra1298 against the Plaintiff is based on the final decision of litigation costs.
1. Basic facts
A. The Defendant issued a decision against the Plaintiff on the confirmation of litigation costs in the claim case, including the Plaintiff and the Defendant’s Ansan District Court Decision 201Ga1313, Seoul High Court 201Na68328, Seoul High Court 2012Da106607, Seoul High Court 2014Na20716, and Seoul High Court 2014Na1298, on April 13, 2015 (hereinafter “instant decision”). The instant decision became final and conclusive on June 15, 2015.
B. On June 29, 2015, the Defendant filed an application with the Suwon District Court for a collection and seizure order with the Plaintiff as the title of execution, and filed an application for a seizure and collection order with the Suwon District Court as the obligor. On June 29, 2015, the Defendant issued a seizure and collection order.
C. On September 16, 2015, the Plaintiff deposited KRW 18,730,884 according to the instant decision with the Suwon District Court’s Ansan Branch KRW 2015Hun-3140.
On the other hand, the defendant's expenses for the execution of the above seizure and collection order are 23,140 won (the delivery fee of KRW 4,000).
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence 1, 2 and 3, and the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff asserts that the compulsory execution based on the decision of this case should not be permitted, since the Plaintiff made a deposit for repayment and repaid all the costs of the lawsuit pursuant to the decision of this case.
B. The obligation to reimburse the amount of litigation costs according to the final decision on the amount of litigation costs related to the reimbursement of the costs of this case becomes final and conclusive by the final decision on the amount of litigation costs, and the obligor is liable for delay from the time when he/she becomes aware that the due date has arrived (see Supreme Court Decision 2008Da10051, Jul. 10, 2008). Thus, barring any special circumstance, the Plaintiff is liable after the date of the final decision in this case.