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1. The Plaintiff’s lawsuit reimbursement against the Defendant is to be made by the Seoul Central District Court Order 2017Kao-31945.
Reasons
1. On May 16, 2017, the Defendant filed an application with the Plaintiff for the confirmation of the amount of litigation costs with the Seoul Central District Court 2017Kao-31945, and the above court rendered a ruling that “the amount of litigation costs that the Plaintiff is obligated to reimburse to the Defendant by the aforementioned court ruling between the Plaintiff and the Defendant is KRW 2,357,492,” and upon the above ruling, the Plaintiff filed a complaint and reappeal, but all of the appeals and reappeals were dismissed and confirmed as they are (hereinafter “instant one ruling”). The Defendant filed an application with the Plaintiff for the confirmation of the amount of litigation costs with the Seoul Central District Court 2017Ka-31951, and the above court did not dismiss the Plaintiff’s appeal with the Defendant on May 30, 2017, the amount of litigation costs that the Plaintiff is obligated to reimburse to the Defendant under the instant ruling of provisional attachment No. 2014Kadan40916, Feb. 16, 2017.”
According to the above facts of recognition, each of the orders of this case was extinguished upon repayment by the plaintiff's above transfer.
2. As to the plaintiff's assertion that the plaintiff sought confirmation that there is no obligation under each decision of this case, the defendant did not know the plaintiff's transfer and did not make any further claim after being aware of the plaintiff's transfer, and thus, the lawsuit of this case should be dismissed as there is no interest in the lawsuit.
In a lawsuit for confirmation, there is a benefit of confirmation as a requirement for protection of rights, and the benefit of confirmation is the plaintiff's right.