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(영문) 청주지방법원 2016.08.09 2015가단17418
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against the Republic of Korea seeking damages due to noise from the Cheongju Airport (Seoul High Court No. 2004Gahap99419 (Seoul High Court No. 2008Na18101, hereinafter “the instant lawsuit”) with the Seoul Central District Court No. 2004Gahap9419 (Seoul High Court No. 2008Na18101, hereinafter “the instant apartment”).

B. On October 2004, the Plaintiff and the occupants of the instant apartment (hereinafter collectively referred to as the “Plaintiff, etc.”) agreed that “the Plaintiff, etc., etc., shall pay 15% of the amount received from the economic (including the attorney’s fee (including the fee in favor) with the attorney’s fee (including the fee in favor of the Plaintiff, etc.)” when concluding a delegation contract with the Defendant for the litigation with respect to the instant apartment.

C. The plaintiff et al. received a judgment of winning part of the lawsuit related to this case. After the judgment of this case became final and conclusive, the defendant received the above judgment amounting to KRW 3,819,29,451 (= principal amounting to KRW 2,416,841,00) over 13 times from the Republic of Korea (Ministry of National Defense).

On June 19, 2013, the Plaintiff: (a) drafted a written confirmation to the Defendant that “the Plaintiff is a party to the lawsuit and directly receives the litigation costs of KRW 42,535,995 according to the Seoul Central District Court Decision 2012Kao-5851 (hereinafter “Seoul Central District Court Decision”); (b) the Plaintiff would immediately pay the Defendant the unpaid litigation costs of KRW 7,369,350; and (c) the formula for calculating the litigation costs stated in the said written confirmation is as follows.

The cost of lawsuit calculated: Total cost of lawsuit = 165,60 won for delivery fees of KRW 165,60 for stamp 17,839,750 x 37,159,350 won for 2-verification travel expenses of KRW 70,000 x total amount of 1,986 x 15,000 won = 29,79,350 won for 29,350 won for 7,369,350 won for 37,159,350 won - 29,790,000 won for 29,790 won for / [founded grounds for recognition]

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