Whether the existence of the obligation to reimburse the costs of lawsuit can be asserted in the litigation amount determination procedure.

If the obligation to repay the cost of lawsuit becomes final and conclusive by a trial, only the amount of the cost of lawsuit to be reimbursed can be determined in the final and conclusive decision procedure, and the existence of the obligation to reimburse can not be examined and determined.

Article 100 of the Civil Procedure Act

Re-appellant

Seoul High Court Order 85Ra136 dated December 30, 1985

The reappeal is dismissed.

The grounds of reappeal are examined.

According to the records, the court below's decision that held that the Re-Appellant's claim for unjust enrichment against the plaintiff 84Gahap2168 and the Seoul High Court 84Na3894 decided against the Re-Appellant, and the judgment ordering the re-Appellant to bear the costs of lawsuit in the first instance court and the appellate court was affirmed. Thus, in the case where the obligation to repay the costs of lawsuit becomes final and conclusive by judgment, the amount of the costs of lawsuit can only be determined in the determination procedure for the amount of the costs of lawsuit and it cannot be examined and determined as to the existence of the obligation to repay it itself.

The issue is that the above order of the court below did not exhaust all the necessary deliberations on the specificity of the case, or committed an unlawful act of interpretation and application of law. However, in light of the provisions of Article 13 and each subparagraph of Article 11(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, it cannot be accepted as a legitimate ground for reappeal.

Therefore, the reappeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Park Jong-soo (Presiding Justice)