Main Issues
In a case where only a part of the co-litigants applies for the determination of the amount of litigation costs, or files an application for the determination of the amount of litigation costs against a part of the co-litigants, whether the same legal doctrine applies to a case where a lawsuit is concluded without a trial
Summary of Decision
Where part of the co-litigants have filed an application for the determination of the amount of litigation costs on the premise that all the co-litigants have filed an application, the final determination shall be made only with respect to the amount which can be repaid by the relevant applicant among them. Even in cases where a claim for the determination of the amount of litigation costs has been filed against all the co-litigants, the final determination shall be made only with respect to the amount which is to be borne by the relevant respondent, after calculating the amount of litigation costs on the premise that the lawsuit has been filed against all the co-litigants. This legal doctrine applies to cases where
[Reference Provisions]
Article 110 of the Civil Procedure Act
Respondent (Appointed Party) and Re-Appellant
Re-appellant
The order of the court below
Seoul High Court Order 2008Kaba38 dated March 20, 2008
Text
The order of the court below is reversed, and the case is remanded to Seoul High Court.
Reasons
The grounds of reappeal are examined.
Where part of the co-litigants have filed an application for the determination of the amount of litigation costs on the premise that all the co-litigants have filed an application, the final determination shall be made only with respect to the amount which can be repaid by the relevant applicant among them. Even in cases where only some of the co-litigants have filed an application for the determination of the amount of litigation costs against all the co-litigants, the final determination shall be made only with respect to the amount which the relevant respondent should bear, after calculating the amount of litigation costs on the premise that the lawsuit is filed against all the co-litigants. This legal doctrine applies to cases where
According to the reasoning of the order of the court below and the records, the two co-defendants filed an application for confirmation of the amount of litigation costs against the respondent who is two or more co-defendants among multiple co-defendants, with the judgment on the burden of litigation costs. The court below calculated the value of the subject matter of lawsuit and the attorney fees for the above applicants among several co-defendants, and determined the amount of litigation costs to be borne by the above respondent in the way of equally dividing them among the above respondents among several co-defendants.
However, in light of the above legal principles, in such a case, in calculating the value of the subject matter of lawsuit by all co-defendants, including the applicants, and the attorney fees therefrom, the applicants shall be calculated, and the amount to be repaid by them shall be calculated, and the amount to be borne by each of the co-litigants shall be calculated, and the respondent shall be determined accordingly. Nevertheless, the court below’s decision on the confirmation of the amount of litigation costs as seen earlier is erroneous in the misapprehension of legal principles as to the determination of the amount of litigation costs, which affected the conclusion of the judgment by misapprehending the legal principles as to the determination of the amount of litigation costs, if there is an
Therefore, the order of the court below is reversed, and the case is remanded to the court below for a new trial and determination. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Kim Young-ran (Presiding Justice)