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(영문) 인천지방법원 2017.09.05 2016나63784

청구이의의소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiff filed a lawsuit against the Defendant for the claim for the amount of transfer money under the Incheon District Court Branch Branch 2013Gahap2343, and the said court rendered a favorable judgment on July 3, 2013. The Defendant dissatisfied with this judgment and appealed as Seoul High Court 2014Na2299. The said court revoked the first instance judgment on June 17, 2014, and rendered a judgment dismissing the Plaintiff’s claim, and determined that the total costs of the lawsuit are borne by the Plaintiff. The said judgment became final and conclusive on October 10, 2014. (2) The Defendant filed an application for the confirmation of the amount of litigation costs based on the said final judgment under the Incheon District Court Branch 2014Kaob277, October 29, 2014, and the said court assistant determined that the Plaintiff would reimburse the Defendant the amount of litigation costs to be reimbursed to the Defendant on October 29, 2014.

On November 7, 2014, the Plaintiff filed an immediate appeal to the effect that the objection was filed. On November 13, 2014, the said court rendered a decision to authorize the disposition of the judicial assistant, and again, the Plaintiff appealed with Seoul High Court 2014Ra1232, but the said court rendered a decision to dismiss the appeal on May 29, 2015, and the said decision became final and conclusive on June 16, 2015.

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

C’s request for the seizure and collection order of C 1) The Suwon District Court 2004j12852 against the Defendant, designating as the executive title the executory exemplification of the land sale price case, and filed an application for the seizure and collection order of the Defendant’s claim against the Plaintiff as the Chuncheon District Court 2015TT37. 2) On January 7, 2015, the above court decided the seizure and collection order of the claim by accepting the above application by C, and served the said decision on January 12, 2015 on the Plaintiff as the garnishee.

C. The Plaintiff filed a report on the collection of the costs of the instant lawsuit with C, which became final and conclusive, paid KRW 10,556,330 to C, the collection obligee, and C, on April 1, 2015, filed a collection report with the executing court.