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(영문) 수원지방법원안양지원 2019.11.29 2019가단111200

기타(금전)

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Determination ex officio as to the legitimacy of the instant lawsuit

A. As to the ground for the change in the Plaintiff’s assertion, it is as stated.

B. On the other hand, the plaintiff claimed damages for delay following the day on which each of the costs of lawsuit pursuant to the final decision of the amount of each of the costs of lawsuit confirmed by the defendant was delivered to the defendant. However, where the court rendered a final decision of the amount of the costs of lawsuit based on the amount requested by the party who is the party who is the party who has the right to demand reimbursement after the final decision of the substantial relationship of the costs of lawsuit has become final and conclusive in the final decision of the amount of the costs of lawsuit, the decision of the costs of lawsuit is a final and conclusive decision that specifically specifies the substantial relationship of the cost of lawsuit in the final decision of the original decision (see, e.g., Supreme Court Order 2000Ma5257, Sept. 23, 2002). The enforcement power of the final decision of the costs of lawsuit is identical to that of the final decision of the amount of the cost of lawsuit and the amount of the costs of lawsuit pursuant to the final decision of the amount of the costs of lawsuit becomes final

(See Supreme Court Decision 2008Da10051 Decided July 10, 2008). Inasmuch as damages for delay and expenses for compulsory execution after the date of maturity are extended to the damages for delay and expenses for compulsory execution (see Supreme Court Decision 2008Da10051, Jul. 10, 2008), there is no benefit in filing a separate lawsuit to seek damages for delay after the due date for reimbursement for the amount of the finalized litigation cost.

2. If so, the instant lawsuit is unlawful and thus, it is so decided as per Disposition.