1. The plaintiff's claim is dismissed.

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

Basic Facts

On June 3, 2016, the Plaintiff filed a lawsuit of demurrer against the Defendant, C, and D (hereinafter “Defendant, etc.”) against the Defendant, C, and D (hereinafter “Defendant, etc.”). However, on January 5, 2017, the Plaintiff was sentenced to a judgment that “the Plaintiff’s claim against the Defendant, etc. is dismissed in entirety.” The Plaintiff appealed (Seoul High Court 2017Na20808), but the said appeal was dismissed on November 1, 2017, and the said judgment became final and conclusive on November 18, 2017.

(2) On March 12, 2018, the Defendant, etc. filed a motion with the Plaintiff for confirmation of litigation costs by the judgment on the instant case (Seoul District Court Branch Branch Decision 2018KaMa14). On July 25, 2018, the Defendant, etc. received a decision with the following: “The amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant by the judgment on the instant case between the Defendant, etc. and the Plaintiff shall be determined as KRW 1,79,937, which is the amount of litigation costs to be reimbursed to the Defendant by the judgment on the instant case.”

Accordingly, the Plaintiff appealed, and on September 18, 2018, the Daegu District Court rendered a decision on September 18, 2018, stating that “The Plaintiff shall rectify KRW 1,779,937 to the Defendant the amount of litigation expenses that the Plaintiff shall reimburse to KRW 2,094,914” (hereinafter “instant decision”).

Although the Plaintiff filed an appeal against the instant decision (Tgu High Court 2018Ra389), the said appeal was dismissed. While the Plaintiff re-appealed (Supreme Court 2018Ma7359), the said re-appeal was also dismissed, and the instant decision became final and conclusive on January 15, 2019.

【In the absence of any dispute, the Plaintiff’s assertion as to each of the facts alleged in Gap’s 1 through 12 (if there is a serial number, including each number; hereinafter the same shall apply), the purport of the entire pleadings, and the purport of the Plaintiff’s assertion as to the case on the merits of this case, Eul bears the full amount of attorney’s attorney’s fees, and the Defendant did not bear all the attorney’s fees, the litigation costs according to the decision of this case are calculated erroneously, and ② compulsory execution