1. The costs of the lawsuit in the first instance judgment between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are borne.

1. The following facts are apparent in the records of the case.

The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) filed a lawsuit against the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) seeking repayment of loans with the Changwon District Court 2015da79785, Changwon District Court. In the foregoing case, the Defendant filed a counterclaim seeking cancellation of the registration of creation of a mortgage (2015dan24068). The said court dismissed both the Plaintiff’s principal claim and the Defendant’s counterclaim on November 17, 2016, and rendered a judgment that the costs of lawsuit are assessed against the Plaintiff, and 1/2, including the principal claim and counterclaim, are assessed against the Defendant.

(2) On March 16, 2015, the first instance court held that “The Appellant (Counterclaim Defendant, the Appellant, and the Appellant) shall bear the registration procedure for cancellation of the registration of the establishment of a neighboring mortgage which was completed as of March 16, 2015 with respect to the real estate indicated in the separate sheet to the appellant (Counterclaim Defendant, the Appellant, and the Appellant).” The Defendant appealed against the first instance court and filed an appeal to the court of the first instance, and the part against the appellant (Counterclaim Defendant, the Appellant) shall be revoked.”

On July 6, 2017, the appellate court of this case rendered a judgment that the scope of the trial of the first instance is limited to the part of the defendant's counterclaim claim, and that the part concerning the counterclaim among the judgment of the first instance is revoked and the whole costs of the lawsuit against the counterclaim are borne by the plaintiff.

(hereinafter referred to as “the judgment of the appellate court”). The Plaintiff appealed with the Supreme Court Decision 2017Da249660, but the said judgment of the appellate court became final and conclusive upon the final judgment of the appellate court.

2. According to the facts found prior to the omission of trial in the trial at the trial court, the defendant shall also bear the costs of the lawsuit as well as the part concerning the counterclaim among the judgment of the court of first instance.