beta
(영문) 서울중앙지방법원 2015.05.06 2014가단138095

청구이의

Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The appeal (Seoul Central District Court 201Na28358) and the final appeal (Supreme Court 2011Da107313) were also dismissed after filing a lawsuit against the Defendant on the claim for lease deposit against the Seoul Central District Court 2011Da17036, and the appeal (Supreme Court 2011Da107313) and the final appeal (hereinafter “principal lawsuit”) were also dismissed (hereinafter “principal lawsuit”). The first instance court costs, appeal costs, and costs of appeal are all assessed against the Defendant A.

B. On June 10, 2014, the Defendant filed an application with the Seoul Central District Court for the determination of the amount of litigation costs with the deceased A as Seoul Central District Court Decision 2014Kamada1800, and on June 10, 2014, notified the Defendant of the decision that the amount of litigation costs that the deceased A shall reimburse to the Defendant is KRW 7,41,600 (hereinafter “the determination of the amount of litigation costs of this case”). The appeal procedure following the deceased’s immediate appeal is continuing to be Seoul Central District Court Decision 2014Ra1309.

C. The deceased died on October 31, 2014 while the lawsuit of this case was pending, and the deceased as the wife and the remaining plaintiffs, who are the plaintiff B and their children, are the wife.

[Reasons for Recognition] The substantial facts in this Court, Gap evidence No. 11, and the purport of the whole pleadings

2. The plaintiffs' assertion H, while in office as the chief director of the defendant, was disqualified on November 10, 2004, was registered as the chief director of the defendant's legal entity, etc., and on behalf of the defendant, on behalf of the defendant, although the defendant's legal entity, etc. was registered as the chief director, he shall respectively delegate the representative of the lawsuit in the case on the merits and the representative of the applicant for the determination of the above litigation cost amount based on the judgment on the burden of litigation costs in the case on the merits.

Therefore, the decision to determine the amount of litigation costs of this case is null and void or unreasonable, so compulsory execution based thereon shall be dismissed.

3. The determination of ex officio determination of the cost of lawsuit as to the legitimacy of the instant lawsuit shall immediately be executed by the notification.