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The principal lawsuit of the Plaintiff (Counterclaim Defendant) A is dismissed.
Between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) filed a lawsuit claiming damages against the Plaintiff, etc. with Seoul Southern District Court 2016Gahap100363, which was rendered a judgment against the said court on August 11, 2017.
D In response to the foregoing judgment, the Seoul High Court appealedd as 2017Na2048667, but on December 6, 2018, it was sentenced to the dismissal of an appeal by the said court. The Supreme Court appealed as 2019Da200188, but was sentenced to the dismissal of an appeal by the Supreme Court on April 25, 2019.
(hereinafter referred to as the “instant lawsuit” in general refers to each of the above lawsuits. B
D fully bears the litigation costs of this case according to the judgment against each party above.
C. On May 24, 2019, Plaintiff B (hereinafter “Plaintiff Corporation”) filed an application for confirmation of the amount of litigation costs of this case on behalf of Plaintiff A (hereinafter “instant application”) with Seoul Southern District Court 2019Kao-10577, and attached the instant delegation contract between the Plaintiffs (hereinafter “instant delegation contract”) as evidence 1.
The delegation contract of this case set forth the following special terms between the plaintiffs:
(G) In the special agreement clause, “B” means Plaintiff B and “A” means Plaintiff A, etc.
The instant application was sent to D on June 12, 2019.
On September 11, 2019, the Seoul Southern District Court rendered a decision on September 11, 2019 that "The amount of the litigation cost of this case that D is to be repaid to A by each of the above decisions is 60,390,280 won," and the above decision was finalized as it is.
F. On September 10, 2019, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) issued a seizure and collection order against KRW 60,390,287 of the instant litigation cost claim against Plaintiff A, as the Chuncheon District Court Decision 2014Gahap6240 (Counterclaim) rendered on September 10, 2019.