beta
Text
1. The decision of the Seoul Central District Court 2012Kao1613 against the Plaintiff of Defendant B is based on the final decision of the cost of lawsuit.
Reasons
1. Facts of recognition;
A. On March 9, 2005, the Plaintiff filed a lawsuit against the Defendants for the payment of loans, etc. amounting to KRW 220 million with the Seoul Central District Court 2005Gahap19555, and was sentenced to a partial winning judgment on July 15, 2005. The above judgment became final and conclusive. 2) The Plaintiff filed an application for the determination of the amount of litigation costs with the Seoul Central District Court 2007Kadan1017, based on the above loan lawsuit decision. On August 14, 2007, the Plaintiff rendered a final and conclusive judgment on August 28, 2007 that “The amount of litigation costs to be paid by Defendant B to the Plaintiff is KRW 3,592,992,” and the above decision became final and conclusive on August 28, 2007.
B. On May 10, 2012, the Plaintiff, including the confirmation of the payment order in 2012, filed an application for a payment order with the Seoul Central District Court 2012 tea 29426 on February 20, 2007, which was made between Defendant B and the date of delivery of the copy of the application for the instant payment order from April 1, 2007 to the date of delivery of the copy of the application for the instant payment order. The Plaintiff received the payment order, and on July 4, 2012, the said payment order was served on Defendant B and became final and conclusive as is on July 19, 2012.
(hereinafter “instant payment order”). C.
In 2010, the Plaintiff filed a lawsuit against the Defendants for a loan claim with Seoul Central District Court 2010Da480729, and the court of first instance rendered a judgment against the Plaintiff on July 7, 2011. The Plaintiff’s appeal (Seoul Central District Court 201Na3244) and the appeal (Supreme Court 201Da11077) were all dismissed, and the said judgment became final and conclusive as is. 2) After the said judgment became final and conclusive, the Defendants filed an application against the Plaintiff for the determination of the amount of litigation costs with the Seoul Central District Court 2012Kara1613, and with respect to the said application, on April 24, 2012, the Plaintiff was subject to the said judgment.