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(영문) 서울행정법원 2019.05.24 2018구합86467
청구이의의 소
Text

1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul Administrative Court Order 2018A26 dated May 3, 2018 is denied.

2...

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Chairperson of the Seoul Administrative Court No. 2015-Gu 13352 (hereinafter “relevant administrative case”) seeking revocation of the ruling rendered by the Central Labor Relations Commission on Nov. 16, 2015 regarding the case of application for reexamination of unfair dismissal by the Central Labor Relations Commission No. 2015-Gu 13352 (hereinafter “relevant administrative case”). The Defendant, who was the Plaintiff’s employer, participated in the instant case on behalf of the Chairperson of the Central Labor Relations Commission.

In the above case, on September 8, 2016, the court sentenced that "the plaintiff's claim is dismissed, and the costs of the lawsuit are assessed against the plaintiff, including the part resulting from the participation in the assistance," and the above judgment became final and conclusive.

B. The Plaintiff filed a lawsuit against the Defendant seeking payment of unpaid wages with Busan District Court Branch Branch 2016Gaso5677 (hereinafter “related civil case”), and the said court rendered a judgment on November 29, 2017 that “the Defendant shall pay to the Plaintiff 11,81,880 won and the amount equivalent to 20% per annum from February 2, 2015 to the date of full payment,” and thereafter, the Defendant’s appeal and appeal were all dismissed, and the said judgment became final and conclusive on October 29, 2018.

C. The Defendant filed an application with the Seoul Administrative Court for the determination of the amount of litigation cost to be borne by the Plaintiff to the Defendant in accordance with the judgment on the relevant administrative case. On May 3, 2018, the court rendered a decision that “the Plaintiff determined that the amount of litigation cost to be reimbursed by the Defendant is KRW 608,921” (hereinafter “decision that determined the amount of litigation cost”) and the said decision became final and conclusive.

Based on the original copy of the judgment related to a civil case with executory power, the Plaintiff’s claim of KRW 18,906,838 against the Defendant (the sum of KRW 11,881,880 and KRW 7,024,958 per annum from February 2, 2015 to January 16, 2018) is based on the Busan District Court’s Dong Branch Branch of Busan District Court’s 2018TTTT37.

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