[소송비용액확정][공1999.7.1.(85),1232]
The method of calculating the attorney's fees in cases where the winning litigants are included in the litigation costs paid or payable by them.
In a case where the co-litigants are included in the litigation costs paid or payable by them pursuant to Article 99-2 of the Civil Procedure Act, the value of the subject matter to be assessed pursuant to Article 3 of the Rules on the Calculation of Litigation Costs shall be determined by each co-litigants, and even if the co-litigants represent them, the value of the subject matter to be assessed pursuant to the said Rules shall be treated as the objective consolidation of ordinary claims, thereby adding up the value of each co-litigants
Article 99-2 of the Civil Procedure Act, Article 3 of the Rules on the Inclusion of Litigation Costs for Attorney Fees
Supreme Court Order 92Ma369 dated December 14, 1992 (Gong1993Sang, 538) Supreme Court Order 92Du62 dated December 28, 1992 (Gong1993Sang, 633)
Re-appellant
Daejeon High Court Order 99Ra4 dated February 5, 1999
The reappeal is dismissed.
The grounds of reappeal are examined.
In a case where the co-litigants are included in the litigation expenses paid or payable by them pursuant to Article 99-2 of the Civil Procedure Act, the value of the subject matter of lawsuit to be calculated pursuant to Article 3 of the Rules on the Calculation of Litigation Costs shall be determined by each co-litigants, and even if one co-litigants stand by proxy, the value of the subject matter of lawsuit to be calculated pursuant to the said Rules shall be treated as the objective merger of ordinary claims, and the amount of the subject matter of lawsuit to be assessed by each co-litigants shall be added and accordingly, it shall not be calculated (see, e.g., Supreme Court Order 92Ma369, Dec. 14, 1992; 92Du62, Dec. 28, 1992). Thus, the order of the court below to the same purport shall
The grounds for reappeal cannot be accepted.
Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.
Justices Song Jin-hun (Presiding Justice)