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(영문) 대전지방법원서산지원 2019.01.31 2018가합51494

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 15, 2008, the Plaintiff filed a lawsuit against the Defendant for the payment of damages amounting to KRW 138 million with the court 2008Gahap1193, asserting that he/she sustained damages due to the illegal act committed by B, who is a public official belonging to the Defendant, but this court dismissed the Plaintiff’s claim on March 26, 2009, and rendered a judgment against the Plaintiff that the costs of lawsuit should be borne by the Plaintiff.

B. The plaintiff is dissatisfied with the above judgment of the court of first instance and appealed to the Daejeon High Court 2009Na2635, and the above court of first instance revoked the part against the plaintiff in the judgment of the court of first instance on November 26, 2009, and the defendant paid to the plaintiff 3 million won and the amount equivalent to 5% per annum from July 24, 2008 to November 26, 2009, and 20% per annum from November 27, 2009 to the day of full payment, and 95% of the total costs of the lawsuit shall be borne by the plaintiff, and 5% of the total costs of the lawsuit shall be borne by the defendant.

C. The Defendant, who is dissatisfied with the above appellate judgment, appealed by the Supreme Court Decision 2009Da10363, but the Supreme Court rendered a judgment that dismissed the Defendant’s appeal on April 15, 2010 and assessed that the costs of appeal are borne by the Defendant, thereby became final and conclusive.

On May 19, 2010, the Defendant filed a motion with the Plaintiff for the determination of the amount of litigation costs in relation to the instant case with this Court (hereinafter referred to as “decision on the determination of the amount of litigation costs in this case”). On June 21, 2010, this Court rendered a decision to confirm that the Plaintiff is KRW 10,481,615 (hereinafter referred to as “decision on the determination of the amount of litigation costs in this case”) with respect to the instant case between the Plaintiff and the Defendant with respect to 2008Gahap1193, Daejeon High Court 2009Na2635, Supreme Court Decision 2009Da10363, supra.

E. The Plaintiff appealed with the Daejeon High Court Decision 2010Ra107, which was dissatisfied with the determination of the amount of litigation costs of the instant case. However, the said appellate court rendered a dismissal decision on December 9, 2010, and the said appellate court again appealed with the Supreme Court Decision.