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(영문) 춘천지방법원 2015.10.29 2015가단6046
청구이의
Text

1. The Defendant’s decision on the claim amount of litigation costs against the Plaintiff is based on the Chuncheon District Court Decision 2015Kao38.

Reasons

1. Basic facts

A. On June 15, 2015, the Defendant filed an application with the Chuncheon District Court for the confirmation of the amount of litigation costs relating to the Chuncheon District Court 2013Kadan1399 (principal lawsuit) and the damages claim (Counterclaim) between the Plaintiff and the Defendant (hereinafter “principal case”), and the said court rendered a decision on June 15, 2015 that “the amount of litigation costs to be repaid by the Plaintiff to the Defendant is KRW 4,273,350,” and the said decision was served on the Plaintiff on June 22, 2015, and became final and conclusive as is June 30, 2015.”

(hereinafter “Determination of the amount of litigation costs of this case”) B.

On July 21, 2015, the Defendant filed an application for a compulsory auction (hereinafter “instant compulsory auction”) on an automobile owned by the Plaintiff with the title of execution for a decision to determine the amount of litigation costs of the instant case with the Chuncheon District Court C, and the said court rendered a decision to commence compulsory auction on July 22, 2015.

C. In filing the instant lawsuit, the Plaintiff filed an application for the suspension of compulsory execution against the instant compulsory auction. On August 24, 2015, the Plaintiff received a decision of suspension of compulsory execution based on the final decision of the amount of litigation costs in the instant case from the court of execution to the court of execution rendered on August 26, 2015, and submitted it to the court of execution on August 26, 2015. The costs of compulsory execution incurred until the suspension (i.e., delivery fees of KRW 7,280, KRW 5,000 for local education tax of KRW 3,40,000 for local education tax of KRW 3,40,000 for KRW 3,440,000 for a certified judicial scrivener fee of KRW 3,50 for civil procedure and Article 2(3) of the Rules on Costs of Civil Procedure and the provisions on remuneration of the certified judicial scrivener for KRW 300,00 for KRW 25,00 for delivery of the application fees, KRW 80,000.

On July 29, 2015, the Plaintiff remitted KRW 4,364,350 to the account under the name of the Defendant for the amount of litigation costs and enforcement costs of the instant case.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 to 4, 6, and Eul evidence No. 1.

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