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1. The Defendant’s decision to set the litigation costs against the Plaintiff was based on the Suwon District Court Branch Decision 2014Kao27.
Reasons
1. Facts of recognition;
A. On July 25, 2012, the Plaintiff filed a loan lawsuit against the Defendant with the Suwon District Court Branch Decision 2012Kadan9876, which sought a total of KRW 57,500,000,000,000, such as loans, lease deposit, and contract deposit. 2) The said court rendered a judgment of partial acceptance of the Plaintiff’s claim that “the Defendant shall pay to the Plaintiff 3.2 million won and the amount calculated at the rate of KRW 20% per annum from December 15, 2012 to the date of full payment.”
3) Although the Plaintiff appealed against this, the appellate court (U.S. District Court 2013Na1539) rendered a judgment dismissing the Plaintiff’s appeal on July 11, 2013. 4) The Plaintiff appealed against the said appellate judgment, but the Supreme Court (Supreme Court 2013Da61770) rendered a judgment dismissing the appeal on October 31, 2013, which became final and conclusive on November 4, 2013.
B. On February 24, 2014, the Defendant filed an application against the Plaintiff for the confirmation of litigation costs with the Suwon District Court Branch Branch Branch Decision 2014Kao-27, and the said court rendered a decision on May 23, 2014 that the amount of litigation costs to be repaid to the Defendant by the said appellate court judgment is KRW 3,414,30 (hereinafter “instant decision”) and the said decision was finalized on June 10, 2014.
C. Based on the instant decision, the Defendant filed an application for the seizure of corporeal movables at the Plaintiff’s domicile as Suwon District Court Branch No. 2014No. 6555, and the seizure was conducted on September 4, 2014 (hereinafter “instant compulsory execution”).
On the other hand, on September 23, 2014, the Defendant transferred the claim for reimbursement of the cost of lawsuit according to the instant decision to C, and notified the Plaintiff of the claim transfer. On February 23, 2015, C transferred the above claim to the Defendant again and notified the Plaintiff of the claim transfer around that time.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 3 (including each number, hereinafter the same shall apply), all pleadings.