Whether res judicata effect of a final and conclusive judgment in a lawsuit claiming damages on the costs of lawsuit also affects the procedure for determination of the amount of litigation costs.

Inasmuch as an applicant’s full amount of remuneration paid to an attorney-at-law who is in charge of legal representation in various lawsuits is deemed to be damages caused by a respondent’s unfair litigation, and even if an action for damages was filed against the respondent who is rendered a judgment against the losing party who bears the litigation costs in the above lawsuit, the Busan District Court 82 Ma1503, but the dismissal was dismissed and finalized, the res judicata effect of the above lawsuit cannot be excluded even if it is determined as litigation costs by the method of application for a decision on the amount

Articles 100 and 202 of the Civil Procedure Act

Forms of literature

old Tyna

Busan District Court Order (83Ka2283 Decision)

The appeal is dismissed.

The gist of the grounds for appeal by the respondent is that the respondent becomes the plaintiff and the applicant (the other party) is the plaintiff, the Busan District Court 79 Gohap1412, the Daegu High Court 80Na784, the Supreme Court 81 and 61, and the respondent in the case of the claim for cancellation of ownership transfer registration and the respondent are the petitioner and the respondent (the other party) are the petitioner, the Busan High Court 79Da5520, the Daegu High Court 80Na785, the Daegu High Court 80Na785, the Supreme Court 81No. 62, and the Supreme Court 81Da62, which ruled against the respondent in the case of the claim for provisional disposition. However, if the applicant (the other party) is the plaintiff, the other party is the plaintiff, the delivery fee, the witness travel fee, and the costs of the lawsuit, it is clear that the other party (the attorney-at-law) has already been paid by the plaintiff and the other party (the other party) has already been dismissed in the lawsuit and it is clear that the other party (the other party) has suffered damages.

Therefore, under the provisions of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and the Act on the Calculation of Litigation Costs for Attorneys' Fees, an attorney-at-law who has filed a lawsuit by proxy as prescribed by the Rules on Special Cases Concerning the Establishment, etc. of Legal Proceedings shall be included in the litigation costs within a certain amount. According to each evidence recorded in the records, all of the above lawsuits mentioned by the respondent have been filed, and the respondent has been ruled against all of the litigation costs, and the respondent has been ruled against all of the lawsuit costs, and the applicant (the other party) shall not go through the above procedure and shall be deemed to have suffered damages due to the respondent's unfair litigation (the other party) and the other party shall be deemed to have received all of the fees paid to the attorney-at-law who is in charge of legal representation in various lawsuits mentioned above (the other party) and the other party shall be deemed to have received the other party's claim for damages (the other party's claim for damages which is a final judgment) and the other party's claim for damages shall not be deemed to have been justified (the other party's claim for damages).

Therefore, it is so decided as per Disposition.

Judges Cho Jong-soo (Presiding Judge) Kim Jong-sung