beta
(영문) 인천지방법원 2019.05.16 2019가단42

청구이의

Text

1. The plaintiff's claim is dismissed.

2. On January 3, 2019, this Court has issued an application for a stay of compulsory execution against 2019 Chicago.

Reasons

1. Basic facts

A. On April 28, 2017, the Plaintiff filed a lawsuit against the Defendant for the support fund for clan operation with the Incheon District Court 2016Gahap3566 (hereinafter “instant lawsuit”), and the said court rendered a judgment that “The instant lawsuit is dismissed. The costs of the lawsuit shall be borne by C, which is represented by the Plaintiff’s representative.”

B. Accordingly, the Plaintiff appealed as Seoul High Court 2017Na2024890. On November 27, 2017, the said appellate court rendered a ruling of recommending reconciliation, including that “the total cost of litigation is borne by the Plaintiff” was borne by the Plaintiff, and the said ruling of recommending reconciliation was finalized on December 14, 2017.

C. The Defendant filed an application with the Incheon District Court for the determination of the amount of litigation costs at the first instance court and the appellate court of the instant case as the Incheon District Court 2018Kada10078. On May 23, 2018, the said court rendered a ruling that “the Plaintiff shall fix that the amount of litigation costs to be repaid to the Defendant is 17,614,496” (hereinafter “instant ruling”), and the said ruling became final and conclusive on June 5, 2018.

[Evidence - Grounds for Recognition - Unsatisfy, Gap evidence 2, 3, 7, Eul evidence 1 through 4, 6 through 8, the purport of the whole pleadings]

2. Since the plaintiff won the lawsuit on the merits of this case in which the plaintiff asserted, the defendant should not pay the contingent fees to the attorney. The contingent fees paid by the defendant to the attorney are included in the amount of litigation costs set forth in the decision of this case.

This constitutes litigation fraud, and the amount of litigation cost recognized in the decision of this case should be corrected to KRW 8,00,000.

3. If, after a judgment on the substantive relationship of the obligation to reimburse the costs of lawsuit has already become final and conclusive in the judgment on the merits which have res judicata effect, the court, based on which the party, who is the right of recourse, made a final and conclusive decision on the costs of lawsuit, the decision on the costs of lawsuit shall be based on the final and conclusive judgment which specifically embodys the judgment