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(영문) 춘천지방법원 2015.11.27 2015나3833
반사회질서의 법률위반
Text

1. The plaintiff's appeal against the defendants is all dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. Summary of the Plaintiff’s assertion

A. The Defendants are jointly and severally liable to compensate for the aforementioned amount of litigation costs equivalent to KRW 14,20,00 in relation to the attorney’s fees and advisory fees in relation to the filing of a petition for appeal on an amount equivalent to the litigation costs by the Defendants for tort, such as fraud of lawsuit, fabrication of private documents, and false accusation, etc. by the Chuncheon District Court’s original district court’s original district court’s 2010da26328, 2012Gahap1029, 201Da125, 2011Kadan125, Chuncheon District Court’s 201Guhap148 and the submission of a petition for appeal

B. The Plaintiff’s reputation was damaged due to Defendant D’s non-acceptance, false petition, and litigation fraud, and the remainder of the Defendants participated as accomplices. As such, the Defendants are jointly and severally liable to compensate for damages amounting to KRW 4,400,000.

2. Determination

A. 1) Of the judgment of the court of first instance, the court of first instance dismissed the lawsuit on the claim for litigation costs in relation to the Chuncheon District Court's original branch court's 2010da26328 case, and 2012Gahap1029 case on the ground that there is no interest in the lawsuit since this part can be repaid through the final procedure for litigation costs determination. However, among the above cases, the part on the 2010Gada26328 case can be reimbursed through the final procedure for litigation costs determination (the amount within the upper limit for the attorney's fees to Defendant D) and the part not so (the amount exceeding the upper limit for the attorney's fees to Defendant D and the part against the other defendants who are not the above parties to the lawsuit) are mixed with the part on the 2012Gahap1029 case and there is no lawsuit costs that can be reimbursed through the final procedure for litigation costs determination since the Plaintiff lost in full (the Supreme Court Decision 2010Da1029).

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