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(영문) 서울중앙지방법원 2017.01.20 2016나5626
손해배상(자)
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. Basic facts

A. On August 20, 201, the Defendant filed a lawsuit against the Plaintiff on September 201, against the Plaintiff on the part of the Daegu District Court 201Ga Dong-dong Branch 2011dan5271 on the part of the Defendant on the part of the Defendant who was driving a taxi vehicle in the Ycheon-dong, a permanent residence on August 20, 201, on the part of the Defendant, on the part of the Defendant, against the Defendant on the part of the Defendant for the confirmation of the existence of the obligation. As to this, the Plaintiff filed a counterclaim against the Defendant for the claim for damages related to the said accident (the same court 201Gadan

On October 31, 2012, the court rendered a judgment on October 31, 2012 that "the plaintiff (the defendant in this case) shall pay 800,000,000 won and delay damages to the defendant (the plaintiff in this case), and that the plaintiff's obligation to pay damages to the defendant in relation to the above accident does not exceed the above amount. The costs of lawsuit are combined with the principal lawsuit and counterclaim, 1/3 of them shall be borne by the plaintiff, and the remainder shall be borne by the defendant (hereinafter "the judgment in this case"). The judgment in this case became final and conclusive on November 20, 2012.

B. After doing so, the Defendant filed an application against the Plaintiff for the determination of the amount of litigation costs based on the instant judgment with the Daegu District Court rendered a decision on March 26, 2013 to the effect that the Plaintiff is 864,840 won for the amount of litigation costs to be repaid by the instant judgment.

Accordingly, on April 29, 2013, the above court rendered an immediate appeal and revoked the previous decision, and rendered a decision to confirm that the plaintiff is KRW 773,140,000, the amount of litigation to be repaid to the defendant by the decision of this case.

(hereinafter “instant decision”). Although the Plaintiff filed an immediate appeal again against the said decision, the appeal (Tgu District Court 2013Ra287) was dismissed, and the instant decision became final and conclusive on May 9, 2015.

C. On the statement of litigation costs of the instant decision, the court below acknowledged KRW 224,200 as the attendance cost among the Plaintiff’s litigation costs based on the instant judgment.

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