양수금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Defendant, which caused the Plaintiff’s claim, filed a lawsuit against 12 persons, including C, with the Seoul Eastern District Court 201Gahap21189, and D participated as nine supplementary intervenors among the said 12 persons, and disbursed KRW 4,00,000 at the cost of attorney’s appointment.
In the above case, the Seoul Eastern District Court rendered a judgment that the defendant bears the part of the costs of lawsuit incurred by the participation.
D The above 4,00,000 won was transferred to the Plaintiff, and notified the Defendant of the fact.
The plaintiff shall claim the acquisition money to the defendant.
2. The defendant asserts that the lawsuit cost claimed by the plaintiff should be based on the final decision procedure.
The amount of litigation cost spent as the litigation cost can be repaid through the procedure for the determination of the litigation cost, so there is no benefit in filing a lawsuit separately (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). An intervenor to whom the right to claim reimbursement of expenses has been recognized in a trial on the burden of litigation cost may file an application for the determination of the amount of litigation cost, and the successor may file an application after the grant of the succession execution clause.
The lawyer's fee, which is the subject of the plaintiff's claim for the cost of acquisition, is the amount paid as the litigation cost even if the plaintiff's claim is based on the plaintiff's claim.
3. The lawsuit of this case is dismissed as it is unlawful, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.