logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2020.11.25 2020가단54949
청구이의
Text

The defendant's judgment of Suwon District Court 2020Kama1052 against the plaintiff is based on the determination of the amount of litigation costs.

Reasons

1. Basic facts

A. On June 22, 2017, the judgment of the court of first instance was rendered that “The Plaintiff’s claim against the Defendant is dismissed, and the costs of the lawsuit are borne by the Plaintiff,” in the lawsuit claiming damages against the Defendant in Suwon District Court, which was brought by the Plaintiff against the Defendant.”

B. The Plaintiff filed an appeal with the Suwon District Court 2017Na7035 against the judgment of the first instance court, and on August 9, 2018, the appellate court rendered a judgment that “the Plaintiff’s appeal against the Defendant is dismissed, and the costs of the appeal are borne by the Plaintiff.”

C. On January 17, 2019, the Plaintiff filed an appeal with the Supreme Court Decision 2018Da272711, and the Supreme Court Decision rendered a final appeal to the effect that “the dismissal of an appeal is dismissed, and the costs of appeal are borne by the Plaintiff” was assessed and final and conclusive.

On March 10, 2020, the Defendant filed an application against the Plaintiff for the determination of the amount of litigation costs according to each of the instant judgments with the Suwon District Court Branch Branch Decision 2020Kao1052, and as a result, on May 25, 2020, the Defendant rendered a final decision on May 25, 2020 that “The amount of litigation costs to be repaid to the Defendant by each of the above rulings is KRW 21,409,870.”

E. The Plaintiff filed an appeal with Suwon District Court 2020Ra5859 against the determination of the amount of the above litigation costs. However, on October 7, 2020, the appeal was dismissed, and the determination of the amount of the above litigation costs became final and conclusive around that time.

F. Meanwhile, on February 16, 2017, the Defendant filed an application for adjudication of bankruptcy and exemption from liability with the Suwon District Court No. 2017Hadan100120, 2017, and 100120, and the bankruptcy proceeding against the Defendant was initiated. As a result, on October 17, 2019, a decision to grant immunity was made against the Defendant and became final and conclusive around that time. The list of creditors, which became final and conclusive in the bankruptcy proceeding, includes the Plaintiff’s monetary claim of KRW 25 million against the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence (including paper numbers) and the purport of the whole pleadings

2. In the bankruptcy proceedings to determine the cause of the claim.

arrow