1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. The defendant was finally and conclusively sentenced to life imprisonment in 199, and was currently confined in several prisons.

B. From June 18, 2012 to February 4, 2013, the Defendant was admitted to the Port Correctional Institution, to the Daejeon Correctional Institution from February 5, 2013 to May 20, 2013, and to the Busan Correctional Institution from May 21, 2013 to April 5, 2016.

C. From June 22, 2012 to January 11, 2013, the Defendant appeared in court at the date of a civil lawsuit, etc. conducted in the court outside the jurisdiction of the Port Correctional Institution over a total of 13 times from June 22, 2012, which was under confinement in the Port Correctional Institution, and the Plaintiff spent KRW 761,300 in total to have the Defendant appear in court.

From March 8, 2013 to May 16, 2013, when the defendant was confined in Daejeon Prison, the defendant appeared in court on the date of pleading, such as civil procedure, conducted in the court outside the Daejeon Correctional Institution jurisdiction, on a total of five occasions. The plaintiff spent the total of KRW 485,100 in order to have the defendant appear in court.

E. From May 29, 2013 to June 12, 2015, the Defendant appeared in court at the date of pleading, such as civil procedure, conducted in the court outside the jurisdiction of the Busan Correctional Institution more than 17 times in total, and the Plaintiff spent KRW 688,410,00 in total to have the Defendant appear in court.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers) and the purport of the whole pleading

2. Determination as to the cause of action

(a) Article 1 (Purpose) of the relevant provision provides for the procedures, etc. for payment of expenses incurred when any prisoner in prison, detention center and branches thereof appears in court for the purpose of performing a civil trial, etc.

Article 2 (Scope of Application) This Guidelines shall apply to the courts, etc. other than the jurisdiction of correctional institutions for any of the following reasons, which are confined in prisons, detention houses and branches thereof (hereinafter referred to as "correctional institutions"):