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(영문) 창원지방법원마산지원 2020.06.11 2019가단106890

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On September 19, 2017, the Plaintiff rendered a judgment against the Defendant that “the Defendant shall pay to the Plaintiff KRW 30,000,000 and delay damages therefrom” in the Changwon District Court Decision 2017Kadan102405 Claim for reimbursement against the Defendant, which rendered a judgment on September 19, 2017, that “80% of the litigation costs shall be borne by the Plaintiff, and the remainder shall be borne by the Defendant.”

B. Although the Plaintiff appealed against this, the appellate court rendered a judgment on April 5, 2019 that “the Plaintiff’s appeal is dismissed. The costs of the appeal, including the costs of participating in the supplementary appeal, are borne by the Plaintiff.” On April 24, 2019, each of the above judgments became final and conclusive.

C. On July 3, 2019, the Defendant rendered a final decision that “The amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant based on the judgment in the Changwon District Court Decision 2017Da102405, Changwon District Court Decision 2017Na57841, the Defendant rendered a final decision that “the amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant” was KRW 6,172,010, which became final and conclusive on July 16, 2019.”

(hereinafter “Determination of the amount of litigation costs of this case”) D.

On the other hand, on November 7, 2017, the Defendant was decided to commence individual rehabilitation procedures by Changwon District Court 2017Da14077, and on February 21, 2018, the Defendant rendered a decision to authorize the repayment plan regarding the draft repayment plan including the repayment plan for the Plaintiff’s claim for indemnity against the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 6, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant has a claim against the Plaintiff for reimbursement of litigation costs of KRW 6,172,010 according to the final decision on the amount of litigation costs of this case. The Plaintiff has a claim against the Defendant for reimbursement of KRW 30,00,000 according to the Changwon District Court Decision 2017Gadan102405.

Defendant.