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(영문) 인천지방법원 2015.08.12 2014가단74390
청구이의
Text

1. The defendant's application case for the determination of the amount of each litigation cost against the plaintiff in Incheon District Court Decision 2014Kacal92, 2014Kacal94.

Reasons

1. Basic facts

A. 1) The Defendant’s determination of the amount of litigation costs was based on the case of provisional attachment No. 2013Kadan50041 between the Plaintiff and the Defendant as the Incheon District Court 2014Kadan92 (hereinafter “the first case”).

(2) On February 17, 2014, the Plaintiff filed an application for determination of the amount of litigation costs relating to the determination, and the said court rendered a ruling that “The amount of litigation costs to be repaid by the Plaintiff to the Defendant is KRW 64,310” (hereinafter “decision on the determination of the amount of litigation costs”).

(2) The Defendant filed an application with the Incheon District Court for the final determination of the amount of litigation costs relating to the judgment on loans (No. 2012dadan42061 and 2013Na1334) between the Plaintiff and the Defendant as the Incheon District Court Decision No. 2014, Feb. 28, 2014. (2) The said court rendered a ruling that “the amount of litigation costs to be reimbursed by the Plaintiff to the Defendant is KRW 4,415,826,” and “the final determination of the amount of litigation costs to be reimbursed to the Plaintiff” (hereinafter “the final determination of the amount of litigation costs”) to the Plaintiff on March 9, 2014, the final determination of the amount of litigation costs became final and conclusive on February 20, 2014, and the reappeal was again final and conclusive on April 14, 2014, but the reappeal was also final and conclusive on April 2014, 2014.

B. On October 17, 2014, the Defendant applied for a compulsory auction by the Defendant to the Incheon District Court C for a compulsory auction of real estate owned by the Plaintiff (hereinafter “instant compulsory auction”) with the title of execution for the decision to determine the amount of litigation costs of this case to the Incheon District Court C.

(2) On October 17, 2014, the Defendant paid KRW 1,294,580 as the deposit of auction on October 17, 2014, and paid KRW 6,000 as the registration fee in the above auction procedure.

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