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(영문) 광주지방법원 목포지원 2021.02.03 2019가단55607
기타(금전)
Text

The instant lawsuit is dismissed.

Costs of lawsuit shall be borne individually by each person.

Reasons

1. The gist of the Plaintiff’s assertion and the Defendant brought a lawsuit seeking payment of money against each other, and the judgment in favor of each other became final and conclusive. On October 8, 2019, the Defendant offseted each other’s claim for the amount of judgment and litigation cost based on the amount of each judgment and litigation cost, which was arbitrarily calculated on October 8, 2019, and deposited the remainder with the Plaintiff as the truster, and then the Defendant fully repaid the Defendant’s obligation to the Plaintiff.

argument is asserted.

Accordingly, the Plaintiff seek against the Defendant the payment of the remaining amount of money settled by offsetting the judgment amount and the costs of lawsuit according to each judgment between the Plaintiff and the Defendant.

2. As seen earlier, the Plaintiff seeks payment of the remainder after offsetting the Defendant’s judgment amount and litigation costs against the Defendant regarding the judgment amount and litigation costs based on the judgment that won the lawsuit of this case.

In that sense, ① the Plaintiff’s claim is the result of seeking partial payment of the claim established by the judgment that won the award, ② the case where the court rendered a judgment on the burden of litigation costs due to the sales decision.

Even if the debt amount of the person who bears the cost of lawsuit is determined through a separate procedure for confirmation of the amount of lawsuit costs, and in this case, there are parts of the defendant's failure to make a final decision on the amount of lawsuit costs against the plaintiff, so it cannot be offset against the plaintiff's claim against the defendant after calculating the amount of lawsuit costs which has not yet been determined through the lawsuit in this case. ③ The plaintiff and the defendant can enforce compulsory execution against each other based on the final judgment of winning the lawsuit, ④ the plaintiff may enforce compulsory execution with the amount of claim excluding the claims repaid by the defendant, and the defendant's debt against the plaintiff through the above deposit.

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