In a case where a court decides to determine the amount of litigation costs against the designated party as indicated in the order when the litigation costs are to be borne by the designated party, whether a person holding the right to reimburse the costs may file an application for granting an execution clause under Article 25(2) of the Civil Execution Act against the designated party other than the designated party, or may contest the grant of the execution clause concerning the amount of the finalized litigation costs by asserting the sharing of the cost by the other designated party (negative in principle)

Articles 25(2) and 53 of the Civil Execution Act

Enzym Construction Corporation

Chuncheon District Court Order 2010KaMa76 dated July 12, 2010

The special appeal is dismissed.

The grounds of special appeal are examined.

1. Many persons who have a common interest can select the designated parties for all of them as prescribed by Article 53 of the Civil Procedure Act, and such selected parties can perform all of the procedural acts for all of the designated parties who have obtained comprehensive authorizations for the performance of the lawsuit from the designated parties (see Supreme Court Decision 2001Da10748, May 30, 2003), and the designated parties lose their right to perform the lawsuit and withdraw from the litigation relationship. In light of the above, in a case where the court determined the litigation costs at the expense of the designated parties (referring to the appointed parties who are the parties) without the joint expense of the designated parties in the order and without the joint expense of the designated parties in the order, there are no special circumstances such as where it is evident that the designated parties will bear the burden only with the indication of the designated parties, and if the decision to determine the amount of litigation costs was made against the designated parties as indicated in the order, the person holding the right to reimburse the expenses cannot claim any other part of the execution clause under the Civil Procedure Act against the designated parties who will not be able.

2. According to the records, the non-applicants filed a lawsuit of demurrer against the special appellant as the designated parties to the lawsuit of demurrer against the non-party and seven designated parties (hereinafter “the designated parties of this case”), but both the first and the second and the second instances of appeal lost all the costs of the lawsuit, and the judgment of the court of final appeal rendered that all the relevant costs of the lawsuit shall be borne by the plaintiff of this case. ② The special appellant filed an application for confirmation of litigation costs with the designated parties as the respondent, and the designated parties of this case did not accept the application for the determination of litigation costs, and the court below rejected the application for the determination of litigation costs against the non-party and the designated parties of this case. The judgment of each of the above cases became final and conclusive, and the amount of litigation costs that the non-party to this case shall be reimbursed to the special appellant is KRW 37,955,860, and the special appellant filed an application for the grant of the execution clause as stipulated in Article 25(2) of the Civil Execution Act against the designated parties of this case, but rejected the execution clause.

3. In light of these facts, the order of the court below which rejected the objection of this case is in accordance with the legal principles as seen earlier, and it cannot be said that the special ground for appeal under Article 449(1) of the Civil Procedure Act exists, such as a violation of the Constitution affecting the conclusion of the judgment

4. Therefore, the special appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Shin Young-chul (Presiding Justice)