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The Daejeon District Court's District Court Branch 2019Kamama84 decided the costs of lawsuit against the Defendants.
Reasons
1. Basic facts
A. The Defendants filed an application against the Plaintiff for the determination of the amount of litigation costs under the Daejeon District Court’s subdivision Branch No. 2019Kamama84, and on March 13, 2020, the said court rendered a ruling that “The amount of litigation costs that the Plaintiff is liable to reimburse to the Defendants according to the ruling on the case of return of reserved portions between the Plaintiff and the Defendants is KRW 577,952, respectively (hereinafter “instant ruling”).
B. According to the instant decision, the Defendants filed an application for a compulsory auction on the real estate owned by the Plaintiff with the Daejeon District Court Seosan Branch D for real estate auction, and the auction procedure was conducted. The Defendants submitted the details of the total of KRW 1,155,904 in the debt principal and KRW 1,045,867 in the execution cost related to the said auction.
C. On May 29, 2020, the Plaintiff deposited KRW 1,100,886 with the deposited person as Defendant B under the Sung-nam District Court Branch of Suwon District Court of 2020 and KRW 2060. On the same day, the Plaintiff repaid KRW 1,100,885 to Defendant C with the deposited person as Daejeon District Court of 2020 and KRW 3569.
However, although the Defendants deposited all of the remaining amounts except for the amount of a certified judicial scrivener’s remuneration, they asserted that the amount of KRW 400,000 out of KRW 517,00,000 was deposited and the remainder of KRW 117,000 was omitted, the Plaintiff deposited KRW 58,500 to the Defendant B on September 10, 2020 with the Suwon District Court, Sungwon-nam Branch of Seoul District Court 2020 Deposit KRW 200,300, and on the same day, deposited KRW 58,500 with the deposited person C as the Daejeon District Court 2020, 6181 on the same day.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, and evidence 7 (including each number), the purport of the whole pleadings
2. According to the above facts of determination, since the amount of claim 1,155,904 won (each of KRW 577,952) according to the decision of this case and KRW 1,045,867 are fully repaid, the above claims were all extinguished. Thus, the above claims are all extinguished.